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H0567...........................................................by BUSINESS
REAL ESTATE BROKERS/SALESMEN - Amends existing law to revise the procedure
for disciplinary investigation and filing administrative complaints with
the Idaho Real Estate Commission.
02/06 House intro - 1st rdg - to printing
02/07 Rpt prt - to Bus
02/12 Rpt out - rec d/p - to 2nd rdg
02/13 2nd rdg - to 3rd rdg
02/15 3rd rdg - PASSED - 60-0-10
AYES -- Aikele, Barraclough, Barrett, Bell, Bieter, Black, Block,
Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Hadley, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Jaquet, Jones, Kellogg, Kunz, Langford, Loertscher, Mader,
Martinez, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce,
Pischner, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer,
Shepherd, Smith(33), Smylie, Stevenson, Stone, Tilman, Trail,
Wheeler, Young
NAYS -- None
Absent and excused -- Bedke, Crow, Gould, Kendell, Lake, Pomeroy,
Sellman, Smith(23), Wood, Mr. Speaker
Floor Sponsor - Deal
Title apvd - to Senate
02/18 Senate intro - 1st rdg - to Com/HuRes
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia,
Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Goedde
Title apvd - to House
03/12 To enrol
03/13 Rpt enrol - Sp signed
Pres signed
03/14 To Governor
03/20 Governor signed
Session Law Chapter 116
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 567
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO REAL ESTATE LICENSURE LAW; AMENDING SECTION 54-2058,
3 IDAHO CODE, TO REVISE THE PROCEDURE FOR DISCIPLINARY INVESTIGATION AND
4 FILING ADMINISTRATIVE COMPLAINTS WITH THE IDAHO REAL ESTATE COMMISSION.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 54-2058, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 54-2058. AUTHORITY TO INVESTIGATE AND DISCIPLINE. (1) General authority
9 to investigate. The commission may investigate the action of any person
10 engaged in the business or acting in the capacity of real estate broker or
11 salesperson within the state of Idaho, or any person believed to have acted as
12 a real estate broker or salesperson without a license in violation of section
13 54-2002, Idaho Code. The commission may initiate an investigation at its own
14 discretion or uUpon receipt of a written complaint from anyone who claims to
15 have been injured or defrauded as a result of such action, or upon information
16 received by the executive director, the executive director shall perform an
17 investigation of the facts alleged against such real estate broker or
18 salesperson or such unlicensed person. Prior to the initiation of any proceed-
19 ings for the revocation or suspension of a license, or for such other disci-
20 plinary actions as set forth in section 54-2059, Idaho Code, the executive
21 director shall transmit to the commission a report, in writing, signed by the
22 executive director, setting forth the facts alleged against such real estate
23 broker or salesperson or unlicensed person. Upon receiving such report, the
24 commission shall make an examination of all the facts and circumstances con-
25 nected with such report. If the facts set forth in the report are deemed
26 insufficient by the commission, no further action shall be taken, unless the
27 executive director resubmits the report with additional facts supporting the
28 filing of an administrative complaint. Should the commission deem that the
29 facts set forth in the report are sufficient to proceed with a formal action,
30 the commission shall authorize the filing of an administrative complaint
31 against such person.
32 A person is acting "within the state of Idaho" if that person is dealing
33 with any interest in real property or a business opportunity involving an
34 interest in real property, which is situated in this state, or is conducting
35 or attempting to conduct or solicit real estate business with residents of the
36 state of Idaho.
37 (2) Unlicensed persons. The commission also may investigate and file a
38 formal administrative complaint under this chapter against any person believed
39 to have acted as a real estate broker or salesperson without a license in
40 violation of section 54-2002, Idaho Code.
41 (3) Audits. The commission or its duly authorized representative is
42 vested with the authority to conduct periodic inspections, surveys and audits
43 of the transaction records and real estate trust accounts of all Idaho
2
1 licensed designated brokers. Any transaction records or real estate trust
2 account records located outside the state of Idaho shall promptly be made
3 available to the commission upon request at the licensee's own cost and at the
4 location or in the manner requested by the commission. If the analysis of a
5 broker's real estate trust account indicates a deficiency or any irregularity
6 which cannot be resolved between the commission and the broker, the commission
7 may order a complete audit of the trust account by a certified public accoun-
8 tant at the broker's expense.
9 (43) The commission or its staff also has the authority to investigate
10 the action of any Idaho licensee as provided in this section. The licensee or
11 broker shall answer all reasonable investigative questions of the commission,
12 or its staff, and must make available, promptly upon request, any and all
13 records to the commission at the licensee's own cost and at the location or in
14 the manner requested by the commission.
STATEMENT OF PURPOSE
RS 11835
This bill amends existing law regulating disciplinary
investigations and administrative actions of the Idaho Real
Estate Commission. The bill provides that the commission shall
review an investigative report prepared by the executive director
of the commission and, upon a finding by the commission that such
report merits further proceedings, the commission shall authorize
the filing of an administrative complaint against the licensee
being investigated.
This bill clarifies and enhances the commission's administrative
oversight of the investigatory and disciplinary process.
FISCAL IMPACT
There is no fiscal impact.
Contact
Name: Mark Dunham
Alex LaBeau
Idaho Association of Realtors
Phone: 342-3585
STATEMENT OF PURPOSE/FISCAL NOTE H 567