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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 - 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.
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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