2004 Legislation
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HOUSE BILL NO. 498 – Occupational license, revoke/suspnd

HOUSE BILL NO. 498

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN 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 hearings on and 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.

Statement of Purpose / Fiscal Impact


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                      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