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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN 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 hearingsonand 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 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