Fine, It’s All Fine – Nothing to See at the ADALB

Published in New England Automotive Report – Thomas Greco Publishing

When the Auto Damage Appraiser Licensing Board (ADALB) reconvened for its most recent meeting on October 22, it quickly became apparent that it was unlikely any progress would be made – even less than usual, actually – due to the fact that Board member Bill Johnson (Pleasant Street Auto; South Hadley/Belchertown) was unable to attend.

In fact, Board member Peter Smith (MAPFRE) specifically indicated that, in Johnson’s absence, he had no plans to review anything new as it pertained to the Board’s ongoing review of proposed amendments to Regulation 212 CMR 2.00 et seq. He indicated that he would merely review some of the cleanup that had been previously discussed in meetings, going back to June; however, despite the acknowledgement that nothing significant was being discussed, the ensuing discussion lasted nearly 30 minutes. 

The review mainly focused on reiterating the changes that had already been reviewed by the Board, but a digression occurred when Smith suggested that the next meeting’s discussion of conflicts of interest should not include “any material changes.” Board member Carl Garcia (Carl’s Collision Center; Fall River) disagreed, suggesting it merited a more in-depth review.

Attorney Michael Powers concurred with Garcia, indicating a need to identify what qualifies as a conflict of interest as it pertains to members of the ADALB. When Chairman Michael Donovan suggested engaging the Ethics Commission, Powers expressed the opinion that the Board should determine what they believe the process should be and include it in the regulation before seeking approval from the Ethics Commission. Review of the proposed amendments will continue at the next Board meeting.

Next, Attorney Powers delivered a report on the final decision in the case of Justin Forkuo v. Auto Damage Appraiser Licensing Board. He explained that, following last year’s hearing, Forkuo filed an appeal alleging the Board had violated his procedural rights; however, the Attorney General filed a motion to dismiss the appeal which was subsequently approved in July. “The Board’s decision [to revoke his license] is final,” Powers said.

During the call for “other business,” AASP/MA Executive Director Lucky Papageorg asked about the Board’s refusal to disclose the nature of a complaint to be discussed during an executive session. “Why can’t we know whether it’s a body shop against an insurer without naming names? That doesn’t seem to violate privacy concerns at all.”

After some discussion, Garcia suggested that the Board could formally debate the matter at length at a future meeting when Johnson is present.

The Board also reviewed Complaint 2024-21, voting unanimously to dismiss since the appraiser in question failed to renew their license.

The ADALB is scheduled to reconvene on December 17. Don’t miss detailed coverage of the meeting, only available in the October/November issue of Damage Report, AASP/MA’s members-only newsletter.

AASP/MA members are strongly encouraged to listen to the recording of the October 22 meeting in the Members Only section of aaspma.org for a glimpse into the inner workings of the ADALB. View the meeting agenda at bit.ly/ADALB102224.