2002 Legislation
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HOUSE BILL NO. 567 – Real estate, disciplinary invstgtn


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Daily Data Tracking History

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

Bill Text

  ||||              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
  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
  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 / Fiscal Impact

                       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.

Name:     Mark Dunham
          Alex LaBeau
          Idaho Association of Realtors 
     Phone:    342-3585  

STATEMENT OF PURPOSE/FISCAL NOTE                            H 567