TITLE 54

PROFESSIONS, VOCATIONS, AND BUSINESSES

CHAPTER 45

PUBLIC WORKS CONSTRUCTION MANAGEMENT LICENSING ACT

54-4508.  Disciplinary proceedings. (1) The administrator shall have the authority to deny or refuse to renew a license or certificate of authority, defer or precondition licensure, suspend or revoke a license, impose an administrative fine not to exceed twenty thousand dollars ($20,000) per violation, impose the administrative costs of bringing the action before the board including, but not limited to, hearing officer fees, expert witness fees, attorney’s fees, costs of hearing transcripts and copies, or impose probationary conditions on a person or the holder of a license or certificate of authority, upon the following grounds:

(a)  Fraud or deception in the procurement of a license or certificate of authority or in the taking of an examination required under the provisions of this chapter;

(b)  Incompetence in the performance of a construction manager’s duties;

(c)  Holding oneself or one’s firm out as a construction manager by engaging in any act meeting the definition or character of a construction manager as defined herein without a legally required license;

(d)  Fraud or deceit in the performance of a construction manager’s duties; or

(e)  Willful violation of the provisions of this chapter or the rules promulgated by the board.

(2)  Proceedings that may result in the suspension or revocation of a license or certificate of authority, or the imposition of probationary or other disciplinary conditions on the holder of a license or certificate of authority, shall be conducted in accordance with the provisions of chapter 52, title 67, Idaho Code; provided however, that the suspension of a certificate of authority, upon the notification by its holder that the construction manager it has designated to the administrator no longer is a principal or employee of the firm, shall not be required to be conducted in accordance with the provisions of chapter 52, title 67, Idaho Code.

(3)  The board may, by rule, provide for the reinstatement of suspended or revoked licenses upon such terms as it may impose.

History:

[54-4508, added 1998, ch. 410, sec. 1, p. 1270; am. 2000, ch. 318, sec. 3, p. 1075; am. 2005, ch. 213, sec. 34, p. 667; am. 2017, ch. 122, sec. 6, p. 290.]