TITLE 45

LIENS, MORTGAGES AND PLEDGES

CHAPTER 6

CLAIMS FOR WAGES

45-619.  Judicial review. (1) A claimant or employer aggrieved by a final decision of the appeals examiner may obtain judicial review of the decision pursuant to the provisions of chapter 52, title 67, Idaho Code, and the provisions of this section.

(2)  If the employer files a petition for judicial review in a court of competent jurisdiction contesting the appeals examiner’s decision, the employer, not later than the twenty-eighth day after the date the appeals examiner’s decision became final, shall either:

(a)  Deposit the full amount awarded to the claimant with the department, to be placed by the department in an interest-bearing escrow account of a fully insured financial institution; or

(b)  Post a bond, written by a fidelity, surety, guaranty, title or trust company authorized to do business in the state of Idaho. The bond must be in the full amount of the appeals examiner’s decision and shall state that the company issuing or executing the bond agrees to pay to the department on behalf of the employer all sums found to be due and owing by the employer by reason of the outcome of the appeal, within thirty (30) days of the filing of the court’s decision. A copy of the bond shall be served upon the department and the claimant; or

(c)  File an affidavit of inability to either post a bond or send to the department the amount awarded to the claimant.

(3)  The employer’s failure to timely post a bond or send the amount required by subsection (2) of this section shall constitute a waiver of the right to judicial review.

(4)  If, after judicial review, it is determined that some or all of the wages are not owed or the penalty is reduced or is not assessed, the department shall remit the appropriate amount to the employer, plus the interest accrued on the escrowed amount, or collect from the bond only the amount awarded by the court on appeal, up to the maximum amount of the bond.

History:

[45-619, added 1999, ch. 51, sec. 22, p. 126.]