TITLE 54

PROFESSIONS, VOCATIONS, AND BUSINESSES

CHAPTER 3

ARCHITECTS

54-308.  board — powers. The board shall have, in addition to the powers conferred elsewhere in this chapter, the following powers:

(1)  To authorize, by written agreement, the division of occupational and professional licenses to act as its agent in its interests and, at its discretion, to contract with the division of occupational and professional licenses for those services deemed necessary for the proper administration of this chapter;

(2)  To adopt, pursuant to the administrative procedure act, such rules as are necessary for the administration and enforcement of this chapter, including a code of ethics and standards of practice;

(3)  To maintain records necessary to carry out its duties under this chapter;

(4)  To adopt rules setting the qualifications and fitness of applicants for licensure under this chapter;

(5)  To approve continuing education courses and prescribe by rule the minimum number of continuing education hours required of each licensee seeking to obtain or renew an architect’s license in the state of Idaho;

(6)  To examine for, deny, approve, issue, revoke, suspend or otherwise discipline licenses pursuant to this chapter and to conduct investigations and hearings in connection with such actions, in accordance with the provisions of chapter 52, title 67, Idaho Code;

(7)  To establish a procedure for an applicant to request an exemption review for a felony or lesser crime conviction. The applicant shall bear the burden and financial responsibility of providing all evidence, documentation and proof of suitability for licensure required by the board for exemption review;

(8)  To administer or have its designee administer oaths or affirmations to witnesses in any proceeding authorized by this chapter;

(9) (a)  To engage in discovery as provided in the Idaho rules of civil procedure and chapter 52, title 67, Idaho Code, including, but not limited to, the power to take depositions of witnesses within or without the state in the manner provided by law in civil cases, and to require the attendance of witnesses and the production of books, records and papers as it may desire at any hearing before it of any matter that it has authority to investigate, and for that purpose the board or its designated hearing officer may issue a subpoena for any witness or a subpoena duces tecum to compel the production of any books, records or papers, directed to the sheriff of any county of the state of Idaho where the witness resides or may be found, which shall be served and returned in the same manner as a subpoena in a criminal case is served and returned. The licensed person accused in the proceedings shall have the same right of subpoena upon making application to the board.

(b)  The fees and mileage of the witnesses shall be the same as that allowed in the district courts in criminal cases and will be paid from the occupational licenses fund in the same manner as other expenses of the board are paid.

(c)  In any case of disobedience to, or neglect of, any subpoena or subpoena duces tecum served upon any person, or the refusal of any witness to testify to any matter regarding which he may be interrogated, it shall be the duty of the district court, or any judge thereof, of any county in this state in which the disobedience, neglect or refusal occurs, upon application by the board, to compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from the court or for refusal to testify; and

(10) To take such action as may be necessary to enforce the provisions of this chapter and to regulate the practice of architecture.

History:

[54-308, added 2018, ch. 129, sec. 2, p. 273; am. 2021, ch. 224, sec. 33, p. 671; am. 2022, ch. 94, sec. 7, p. 286.]