Print Friendly HOUSE BILL NO. 156 – Occupational Licenses, investigatns
HOUSE BILL NO. 156
View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating
text to be removed.
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 - 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
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-
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-
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
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
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
STATEMENT OF PURPOSE
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.
There is no fiscal impact on general or dedicated funds.
Name: Cherie Simpson
Agency: Occupational License, Bureau
Statement of Purpose/Fiscal Note H 156