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H0498...........................................................by BUSINESS OCCUPATIONAL LICENSES - Amends existing law to authorize the Bureau of Occupational Licenses to conduct hearings and proceedings to revoke, suspend, refuse issuance or refuse renewal of licenses, certificates or authorities; to authorize the Bureau to suspend or refuse issuance of such licenses, certificates or authorities; to require regulated professionals to answer questions and produce documents; to provide that failure to disclose lawfully requested information shall be grounds for discipline; to provide for the filing of a petition to modify or set aside an investigative demand; and to provide that such petition filing shall not constitute misconduct or grounds for discipline except in specified circumstances. 01/20 House intro - 1st rdg - to printing 01/21 Rpt prt - to Bus 02/06 Rpt out - rec d/p - to 2nd rdg 02/09 2nd rdg - to 3rd rdg 02/11 3rd rdg - PASSED - 43-27-0 AYES -- Barraclough, Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Cannon, Collins, Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth, Field(18), Field(23), Gagner, Henbest, Jaquet, Jones, Kellogg, Langhorst, Martinez, Meyer, Miller, Mitchell, Naccarato, Pasley-Stuart, Ridinger, Ring, Ringo, Robison, Rydalch, Sayler, Shepherd, Shirley, Skippen, Snodgrass, Stevenson, Trail, Mr. Speaker NAYS -- Andersen, Barrett, Bauer, Bayer, Campbell, Clark, Crow, Eberle, Eskridge, Garrett, Harwood, Kulczyk, Lake, Langford, McGeachin, McKague, Moyle, Nielsen, Raybould, Roberts, Sali, Schaefer, Smith(30), Smith(24), Smylie, Wills, Wood Absent and excused -- None Floor Sponsor - Gagner Title apvd - to Senate 02/12 Senate intro - 1st rdg - to Com/HuRes 02/18 Rpt out - rec d/p - to 2nd rdg 02/19 2nd rdg - to 3rd rdg 03/10 3rd rdg - FAILED - 7-26-2 AYES -- Andreason(Andreason), Compton, Darrington, Gannon, Goedde, Sorensen, Stegner NAYS -- Bailey, Bunderson, Burkett, Burtenshaw, Calabretta, Cameron, Davis, Geddes, Hill, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Stennett, Sweet, Werk, Williams Absent and excused -- Brandt, Ingram Floor Sponsor - Goedde Returned to House Filed in the Office of the Chief Clerk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 498 BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO THE BUREAU OF OCCUPATIONAL LICENSES; AMENDING SECTION 67-2609, 3 IDAHO CODE, TO AUTHORIZE THE BUREAU TO CONDUCT HEARINGS AND PROCEEDINGS TO 4 REVOKE, SUSPEND, REFUSE ISSUANCE OR REFUSE RENEWAL OF LICENSES, CERTIFI- 5 CATES OR AUTHORITIES, TO AUTHORIZE THE BUREAU TO SUSPEND OR REFUSE ISSU- 6 ANCE OF SUCH LICENSES, CERTIFICATES OR AUTHORITIES, TO AUTHORIZE THE 7 BUREAU TO CONDUCT INVESTIGATIONS INTO VIOLATIONS, TO REQUIRE REGULATED 8 PROFESSIONALS TO ANSWER QUESTIONS AND PRODUCE DOCUMENTS, TO PROVIDE THAT 9 FAILURE TO DISCLOSE REQUESTED INFORMATION SHALL BE GROUNDS FOR DISCIPLINE, 10 TO PROVIDE FOR THE FILING OF A PETITION TO MODIFY OR SET ASIDE AN INVESTI- 11 GATIVE DEMAND AND TO PROVIDE THAT SUCH PETITION FILING SHALL NOT CONSTI- 12 TUTE MISCONDUCT OR GROUNDS FOR DISCIPLINE EXCEPT IN SPECIFIED CIRCUM- 13 STANCES. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Section 67-2609, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 67-2609. REGISTRATION OF OCCUPATIONS. (a) The bureau of occupational 18 licenses shall wherever the several laws regulating professions, trades and 19 occupations which are devolved upon the bureau for administration so require 20 or pursuant to written agreement as provided in section 67-2604, Idaho Code, 21 exercise, in its name, or as authorized agent, but subject to the provisions 22 of this chapter, the following powers: 23 (1) To conduct examinations to ascertain the qualifications and fitness 24 of applicants to exercise the profession, trade or occupation for which an 25 examination is held; to pass upon the qualifications of applicants for 26 reciprocal licenses, certificates and authorities. 27 (2) To prescribe rules for a fair and wholly impartial method of examina- 28 tion of candidates to exercise the respective professions, trades or occu- 29 pations. 30 (3) To prescribe rules defining, for the respective professions, trades 31 and occupations, what shall constitute a school, college or university, or 32 department of a university, or other institution, reputable and in good 33 standing and to determine the reputability and good standing of a school, 34 college or university, or department of a university, or other institu- 35 tion, by reference to a compliance with such rules. 36 (4) To establish a standard of preliminary education deemed requisite to 37 admission to a school, college or university, and to require satisfactory 38 proof of the enforcement of such standard by schools, colleges and univer- 39 sities. 40 (5) To conduct hearingsonand proceedings to revoke, suspend, refuse 41 issuance or refuse renewal of licenses, certificates or authorities of 42 persons exercising the respective professions, trades or occupations, and 43 to revoke, suspend, refuse issuance or refuse to renew such licenses, cer- 2 1 tificates or authorities. 2 (6) To conduct investigations into violations of any law or rule regulat- 3 ing the respective professions, trades or occupations. 4 (7) To formulate rules for adoption by the boards allowing the boards to 5 recover costs and fees incurred in the investigation and prosecution of a 6 licensee in accordance with the contested case provisions of chapter 52, 7 title 67, Idaho Code, for a violation of laws or rules of the boards. 8 (78) To formulate rules for adoption by the boards establishing a sched- 9 ule of civil fines which may be imposed upon a licensee prosecuted in 10 accordance with the contested case provisions of chapter 52, title 67, 11 Idaho Code, for a violation of laws or rules of the boards. Any civil 12 fine collected by a board for a violation of its laws or rules shall not 13 exceed one thousand dollars ($1,000), unless otherwise provided by stat- 14 ute, and shall be deposited in the bureau of occupational licensing 15 account. 16 (89) To formulate rules when required in any act to be administered. 17 (b) None of the above enumerated functions and duties shall be exercised 18 by the bureau of occupational licenses except upon the action and report in 19 writing of persons designated from time to time by the chief of the bureau of 20 occupational licenses to take such action and to make such report, for the 21 respective professions, trades and occupations. 22 (c) Notwithstanding any other provisions of law, each person holding a 23 license, certificate or authority to exercise a profession, trade or occupa- 24 tion which is subject to this chapter shall have the duty in any investigation 25 conducted by the bureau pursuant to its authority to answer all investigative 26 questions of the bureau or its authorized representative upon which the person 27 may lawfully be interrogated and, promptly upon request, to produce for 28 inspection by the bureau or its authorized representative all lawfully 29 demanded books, records, papers, documents, other writings, or items in the 30 person's possession or control. Failure or refusal, upon lawful demand, by 31 such person to disclose any information within the person's knowledge or to 32 produce for inspection books, records, papers, documents, other writings, or 33 items in the person's possession or control shall constitute misconduct by the 34 person in the exercise of his or her profession, trade or occupation and shall 35 be grounds for disciplinary action by the respective board. Such person may 36 file with the district court where the person resides or has his principal 37 place of business or in the district court in Ada county a petition to modify 38 or set aside for good cause an investigative demand from the bureau. The fil- 39 ing of such a petition shall not constitute misconduct or grounds for disci- 40 pline unless the petition is found by the district court to have been filed 41 without basis in fact and without being warranted by existing law or a good 42 faith argument for the extension, modification or reversal of existing law.
REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT STATEMENT OF PURPOSE RS 13628 The proposed amendments to Section 67-2609, Idaho Code, have the following purposes: (1) To provide for more complete administration of licensing matters by the Bureau of Occupational Licenses by adding the power to conduct hearings to suspend or refuse issuance of licenses, certificates or authorities, and the power to suspend or refuse issuance of the same to the bureau's existing powers under Section 67-2609(a)(5), Idaho Code. (2) To change the wording of Section 67-2609(a)(5), Idaho Code,from the power "to conduct hearings on proceedings" to the power "to conduct hearings and proceedings" in order to clarify that the bureau and the holders of licenses, certifications or authorities may resolve licensing issues through proceedings other than contested case hearings, such as, but not limited to, stipulations. (3) To clarify the bureau's authority to investigate complaints from the public regarding the holder of a license, certificate or authority by adding a new subsection (a)(6) to Section 67-2609, Idaho Code, to expressly provide that the bureau has the power to conduct investigations of violations of the laws or rules regulating the professions, occupations or trades subject to its jurisdiction. (4) To renumber subsections in Section 67-2609, Idaho Code, as a consequence of the addition of a new subsection (a)(6). (5) To add a subsection (c) to Section 67-2609, Idaho Code, to create a duty on the part of the holders of licenses, certificates or authorities to cooperate in investigations by the bureau by providing the bureau with lawfully demanded information and producing for the bureau's inspection lawfully demanded books, records, papers, documents, other writings, or things in the person's possession or control. To provide the sanction of a disciplinary proceeding through the respective regulatory board in the event of a failure or refusal to cooperate in an investigation by the bureau. To provide checks and balances to the bureau's investigative powers by permitting the subject of an investigative demand to file in certain state district courts a petition to modify or set aside for good cause an investigative demand by the bureau. And to provide that the filing of such a petition in the district court is not a basis for disciplinary proceedings for misconduct in the exercise of a profession, occupation or trade, unless the court finds that the petition was filed frivolously. FISCAL IMPACT There is no fiscal impact. Contact: Rayola M. Jacobsen 334-3233 Idaho Bureau of Occupational Licenses Statement of Purpose/Fiscal Impact H 498