2005 Legislation
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HOUSE BILL NO. 156 – Occupational Licenses, investigatns

HOUSE BILL NO. 156

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H0156................................by JUDICIARY, RULES AND ADMINISTRATION
OCCUPATIONAL LICENSES BUREAU - Amends existing law to authorize the Bureau
of Occupational Licenses to conduct hearings and proceedings related to
licenses, certificates and authorities; to authorize the Bureau to revoke,
suspend, refuse issuance or refuse to renew licenses, certificates or
authorities; to authorize the Bureau to conduct investigations; and to set
forth provisions applicable to investigations conducted by the Bureau.
                                                                        
02/10    House intro - 1st rdg - to printing
02/11    Rpt prt - to Jud

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 156
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION 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
  4        RELATED TO LICENSES, CERTIFICATES AND AUTHORITIES, TO AUTHORIZE THE BUREAU
  5        TO REVOKE, SUSPEND, REFUSE ISSUANCE OR REFUSE TO RENEW LICENSES,  CERTIFI-
  6        CATES  OR  AUTHORITIES,  TO AUTHORIZE THE BUREAU TO CONDUCT INVESTIGATIONS
  7        AND TO SET FORTH PROVISIONS APPLICABLE TO INVESTIGATIONS CONDUCTED BY  THE
  8        BUREAU.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section 67-2609, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        67-2609.  REGISTRATION OF OCCUPATIONS.  (a)  The  bureau  of  occupational
 13    licenses  shall  wherever  the several laws regulating professions, trades and
 14    occupations which are devolved upon the bureau for administration  so  require
 15    or  pursuant  to written agreement as provided in section 67-2604, Idaho Code,
 16    exercise, in its name, or as authorized agent, but subject to  the  provisions
 17    of this chapter, the following powers:
 18        (1)  To  conduct  examinations to ascertain the qualifications and fitness
 19        of applicants to exercise the profession, trade or occupation for which an
 20        examination is held; to pass upon the  qualifications  of  applicants  for
 21        reciprocal licenses, certificates and authorities.
 22        (2)  To prescribe rules for a fair and wholly impartial method of examina-
 23        tion of candidates to exercise the respective professions, trades or occu-
 24        pations.
 25        (3)  To  prescribe  rules defining, for the respective professions, trades
 26        and occupations, what shall constitute a school, college or university, or
 27        department of a university, or other institution, reputable  and  in  good
 28        standing  and to determine the reputability and good standing of a school,
 29        college or university, or department of a university,  or  other  institu-
 30        tion, by reference to a compliance with such rules.
 31        (4)  To  establish a standard of preliminary education deemed requisite to
 32        admission to a school, college or university, and to require  satisfactory
 33        proof of the enforcement of such standard by schools, colleges and univer-
 34        sities.
 35        (5)  To  conduct  hearings  on  and proceedings to revoke, suspend, refuse
 36        issuance or refuse renewal of licenses,  certificates  or  authorities  of
 37        persons  exercising the respective professions, trades or occupations, and
 38        to revoke, suspend, refuse issuance or refuse to renew such licenses, cer-
 39        tificates or authorities.
 40        (6)  To conduct investigations into violations of any law or rule regulat-
 41        ing the respective professions, trades or occupations.
 42        (7)  To formulate rules for adoption by the boards allowing the boards  to
 43        recover  costs and fees incurred in the investigation and prosecution of a
                                                                        
                                           2
                                                                        
  1        licensee in accordance with the contested case provisions of  chapter  52,
  2        title 67, Idaho Code, for a violation of laws or rules of the boards.
  3        (78)  To  formulate rules for adoption by the boards establishing a sched-
  4        ule of civil fines which may be imposed upon   a  licensee  prosecuted  in
  5        accordance  with  the  contested  case provisions of chapter 52, title 67,
  6        Idaho Code, for a violation of laws or  rules of the  boards.   Any  civil
  7        fine  collected  by a board for a violation of its laws or rules shall not
  8        exceed one thousand dollars ($1,000), unless otherwise provided  by  stat-
  9        ute,  and  shall  be  deposited  in  the  bureau of occupational licensing
 10        account.
 11        (89)  To formulate rules when required in any act to be administered.
 12        (b)  None of the above enumerated functions and duties shall be  exercised
 13    by  the  bureau  of occupational licenses except upon the action and report in
 14    writing of persons designated from time to time by the chief of the bureau  of
 15    occupational  licenses  to  take  such action and to make such report, for the
 16    respective professions, trades and occupations.
 17        (c)  Notwithstanding any other provisions of law, each  person  holding  a
 18    license,  certificate  or authority to exercise a profession, trade or occupa-
 19    tion which is subject to this chapter shall have the duty in any investigation
 20    conducted by the bureau pursuant to its authority to answer all  investigative
 21    questions of the bureau or its authorized representative upon which the person
 22    may  lawfully  be  interrogated  and,  promptly  upon  request, to produce for
 23    inspection by  the  bureau  or  its  authorized  representative  all  lawfully
 24    demanded  books,  records,  papers, documents, other writings, or items in the
 25    person's possession or control. Failure or refusal,  upon  lawful  demand,  by
 26    such  person  to  disclose any information within the person's knowledge or to
 27    produce for inspection books, records, papers, documents, other  writings,  or
 28    items in the person's possession or control shall constitute misconduct by the
 29    person in the exercise of his or her profession, trade or occupation and shall
 30    be  grounds  for  disciplinary action by the respective board. Such person may
 31    file with the district court where the person resides or has his or her  prin-
 32    cipal  place  of business or in the district court in Ada county a petition to
 33    modify or set aside for good cause an investigative demand  from  the  bureau.
 34    The  filing  of such a petition shall not constitute misconduct or grounds for
 35    discipline unless the petition is found by the district  court  to  have  been
 36    filed  without  basis in fact and without being warranted by existing law or a
 37    good faith argument for the extension, modification or  reversal  of  existing
 38    law.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE

                            RS 14488

Amend section 67-2609, Idaho Code, to add subpoena power to allow
the Bureau of Occupational Licenses access to records necessary
to investigate complaints made against licensees and to ensure
the attendance of witnesses at a hearing on behalf of both the
Board and the licensee.   A number of the Boards the Bureau of
Occupational Licenses administers presently have subpoena power. 
This language would provide uniform process among the Boards.


                          FISCAL NOTE

There is no fiscal impact on general or dedicated funds.




CONTACT
Name:   Cherie Simpson
Agency: Occupational License, Bureau
Phone:  334-3233

Statement of Purpose/Fiscal Note                      H 156