TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 26

DEPARTMENT OF SELF-GOVERNING AGENCIES

67-2616.  DIVISION PROCEEDINGS AGAINST A LICENSE, PERMIT, CERTIFICATE, OR REGISTRATION. (1) Every board, commission, program, and committee administered by the division shall have the power to hold and conduct hearings pursuant to chapter 52, title 67, Idaho Code, administer oaths, issue subpoenas, take depositions of witnesses, and require the attendance of such witnesses and the production of records. Fees and mileage of the witnesses shall be the same as that allowed in the district courts in criminal cases. In the event of disobedience to or neglect of any subpoena or the refusal of any witness to testify, it shall be the duty of the district court to compel obedience.

(2)  The division may maintain an action on behalf of any board, commission, program, or committee administered by the division to enjoin any person from persisting in committing any act that constitutes a violation of the applicable practice act. The division shall bring such action in district court by filing a verified complaint. Upon a finding that the violation is likely to continue, the court may issue a temporary writ enjoining the respondent from the act or acts constituting the violation, and the matter shall proceed in the same manner as other injunction proceedings.

(3)  Upon a finding that a respondent has violated any of the provisions of any applicable practice act, regulation, or professional standard generally accepted in the community relevant to the respondent’s profession or occupation, the board, commission, program, or committee shall have power to enter or seek an order of formal discipline, including any or all of the following:

(a)  Refusing to renew or reinstate the respondent’s license, permit, certificate, or registration;

(b)  Revoking the respondent’s license, permit, certificate, or registration;

(c)  Suspending for a definite period of time the respondent’s license, permit, certificate, or registration;

(d)  Otherwise restricting for a definite period of time the respondent’s license, permit, certificate, or registration;

(e)  Requiring rehabilitation, education, or training;

(f)  Issuing a public reprimand;

(g)  Requiring restitution for losses suffered or reimbursement for any damages incurred as a result of a violation of the applicable practice act;

(h)  Imposing an administrative fine not to exceed one thousand dollars ($1,000) for each count or offense, unless otherwise provided in the board, commission, program, or committee statutes or rules; and

(i)  Assessing costs and attorney’s fees against the respondent for any investigation or administrative proceeding.

(4)  All disciplinary actions imposed pursuant to this section shall be subject to and consistent with the disciplinary standards, procedures, and limitations set forth in the applicable practice act governing the board, commission, program, or committee. Nothing in this section shall be construed to expand, supersede, or eliminate any progressive, tiered, or board-specific disciplinary process established in such practice act.

(5)  Any formal disciplinary action taken pursuant to this section shall be conducted in accordance with the contested case provisions of chapter 52, title 67, Idaho Code.

(6)  Every board, commission, program, and committee may accept a voluntary surrendering of a license or seek informal disposition of a disciplinary matter by negotiation, stipulation, agreed settlement, or consent order imposing any penalties as set forth in subsection (3) of this section. Pursuant to the terms of the informal disposition, the matter may remain confidential and exempt from disclosure under the Idaho public records act, but a status report shall be provided to the original complainant upon request.

(7)  In addition to any of the grounds for professional discipline provided in the applicable practice act, each board, commission, program, and committee administered by the division shall also have the power to enter or seek an order for:

(a)  Committing or aiding and abetting unlicensed practice in this state;

(b)  The failure of an applicant or licensee to cooperate with an investigation; or

(c)  The failure of an applicant or licensee to continue to meet any requirements for initial licensure.

(8)  Each board, commission, program, and committee shall maintain jurisdiction over every license, permit, certificate, and registration, including those that lapse due to nonrenewal. The existence or status of the license, permit, certificate, or registration shall not affect the jurisdiction of any such board, commission, program, or committee over violations of the applicable practice act, regulations, or standards.

(9)  Any person may file a complaint with the relevant board, commission, program, or committee against anyone who has been issued a license, permit, certificate, or registration by the relevant board, commission, program, or committee charging that person with violation of the provisions of any applicable practice act, regulation, or professional standard generally accepted in the community relevant to the respondent’s profession or occupation. The complaint shall specify charges in sufficient detail so as to disclose to the respondent the alleged acts of misconduct for which the respondent is charged. Upon receiving a complaint, the board, commission, program, or committee shall notify the respondent holding the license, permit, certificate, or registration of the complaint and shall request a response from the respondent. If the board, commission, program, or committee determines that it lacks jurisdiction over the matters in a complaint, it shall communicate such to the original complainant. Each board, commission, program, and committee shall keep an information file about each complaint filed with them, which shall be exempt from disclosure pursuant to sections 67-2615 and 74-106, Idaho Code. The information in each complaint file shall contain complete, current, and accurate information, including but not limited to:

(a)  All persons contacted in relation to the complaint;

(b)  A summary of the findings made at each step of the complaint process;

(c)  An explanation of the legal basis and reason for a complaint that is dismissed; and

(d)  Any other relevant information.

(10) Each board, commission, program, and committee may refer a complaint for a criminal violation of any section of this or any other applicable chapter to the prosecuting attorney of the county in which the criminal violation occurred. The prosecuting attorney of each county in the state may prosecute all criminal violations of this chapter or any other applicable chapter within the respective counties in which such violations occur.

History:

[67-2616, added 2026, ch. 221, sec. 31, p. 957.]