TITLE 54

PROFESSIONS, VOCATIONS, AND BUSINESSES

CHAPTER 54

DRIVING BUSINESSES

54-5403.  BOARD — TERMS OF MEMBERS — QUALIFICATIONS — POWERS AND DUTIES — MEETINGS — COMPENSATION. (1) A driving businesses licensure board is hereby established in the division of occupational and professional licenses whose duty it shall be to administer the provisions of this chapter.

(2)  The board shall consist of five (5) members appointed by the governor. The governor may consider recommendations for appointment to the board from the Idaho association of professional driving businesses, any association of driving businesses or from any individual residing in this state. The board shall consist of four (4) members who are licensed under this chapter and one (1) member of the public. At least one (1) member shall be a driving business owner.

(3)  Members shall serve at the pleasure of the governor. Board members shall be appointed for a term of three (3) years. No member of the board may be appointed to more than two (2) consecutive terms. Members of the board shall hold office until the expiration of the term for which they were appointed and until their successors have been appointed and qualified. In the event of a vacancy other than expiration of a term, the governor shall appoint a replacement to fill the vacancy for the remainder of the unexpired term.

(4)  Members of the board shall be citizens of the United States and residents of this state and shall never have been the subject of a disciplinary action under the provisions of section 54-5409, Idaho Code.

(5)  The board shall:

(a)  Enforce the minimum standards and requirements as provided in this chapter and by rule adopted by the board. The board may promulgate such rules, in compliance with chapter 52, title 67, Idaho Code, as may be necessary to carry out the provisions of this chapter in order to effectuate the purposes herein and for the orderly and efficient administration thereof, except as may be limited or prohibited by law and the provisions of this chapter;

(b)  Accept or reject applications for licensing, business, and instruction and establish the fees to be charged for original application and renewal, subject to the provisions of this chapter;

(c)  Hold and attend public meetings and furnish copies of information to those engaged in the business and to the public upon request;

(d)  Review and approve instructor training curriculum and programs;

(e)  Contract with the division of occupational and professional licenses to provide administrative services;

(f)  Include a link on the division of occupational and professional licenses’ website to current curriculum components offered by private driver education businesses; and

(g)  Adopt rules providing for continuing education, if necessary.

(6)  The board shall have the authority to conduct inspections and audits of any licensed driving business or any licensed instructor to ensure compliance with the laws and rules of the board. Failure to cooperate with an inspection or audit may constitute grounds for disciplinary action.

(7)  The board shall meet at such times as may be expedient and necessary for the proper performance of its duties, but it shall not meet less than once per year.

(8)  The members shall elect annually one (1) of their number to be chairman. The chairman may serve in such capacity for a one (1) year term and may not serve in such capacity for more than two (2) consecutive terms.

(9)  A majority of the board shall constitute a quorum for the transaction of business.

(10) Each member of the board shall be compensated as provided by section 59-509(k), Idaho Code.

History:

[54-5403, added 2009, ch. 251, sec. 2, p. 765; am. 2010, ch. 145, sec. 1, p. 306; am. 2014, ch. 157, sec. 1, p. 439; am. 2020, ch. 213, sec. 3, p. 621; am. 2021, ch. 222, sec. 39, p. 651.]