reglab/housing_qa huggingface dataset:
ID Code § 26-2224 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 22 - COLLECTION AGENCIES|Section 26-2224 - LICENSE APPLICATION.

26-2224. LICENSE APPLICATION. Every applicant for a license under this act shall file with the director an application in a form prescribed by the director that shall include: (1) The name of the applicant; if the applicant is a corporation, a list of its officers and directors and their addresses; if the applicant is a partnership, a list of the partners and their addresses; or if the applicant is a limited liability company, a list of its members or managers and their addresses. (2) The street address of the applicant’s principal location. (3) All names by which the applicant engages in collection activities. (4) The names of all persons and organizations with which the applicant is affiliated, and the location of the principal office or place of business of each such affiliate. (5) A complete description of the business to be conducted, or plan of operation contemplated, by the applicant in this state. (6) The name, address and qualifications of a natural person possessing a minimum of three (3) years of experience related to the business to be conducted under this act who will supervise the applicant’s office locations from which business activities in this state will be conducted. (7) Copies of all contracts, forms, form letters, and advertisements or solicitations to be used by the applicant in its business activities under this act, which must accompany the application and be identified as exhibits by number. (8) If the applicant is a corporation, a limited liability company, partnership, or limited liability partnership, a copy of its articles of incorporation, articles of organization, partnership agreement, or operating agreement, duly authenticated. (9) A list of the names, business addresses and telephone numbers of all agents who will contact persons or solicit business for the applicant in this state. (10) The name and business address of the applicant’s agent for service of process located in this state. (11) A nonrefundable application fee of one hundred fifty dollars ($150). (12) An agreement of consent authorizing the director to examine any and all of the applicant’s financial accounts used for business activities under this act. (13) Such other information concerning the applicant as the director may reasonably require. Such application shall be executed and verified on oath by the applicant. Information required at the time of application, except for advertisements and solicitations, shall be updated and filed with the director as necessary to keep the information current.  History: [26-2224, added 1970, ch. 53, sec. 3, p. 118; am. 1974, ch. 154, sec. 2, p. 1379; am. 1990, ch. 213, sec. 23, p. 503; am. 1995, ch. 211, sec. 3, p. 716; am. 2002, ch. 190, sec. 3, p. 546; am. 2008, ch. 347, sec. 4, p. 941.]
ID Code § 26-2225 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 22 - COLLECTION AGENCIES|Section 26-2225 - APPROVAL OF LICENSE APPLICATION.

26-2225. APPROVAL OF LICENSE APPLICATION. (1) The director shall act upon all applications for a license under this act. If the director determines that the requirements of this act have been met and all applicable fees paid, and the applicant is not otherwise unqualified for licensure, the director shall issue a license to the applicant. (2) Each license issued under this section shall remain in full force and effect unless the licensee fails to satisfy the renewal requirements of this act, or the license is relinquished, suspended, terminated or revoked.  History: [26-2225, added 2008, ch. 347, sec. 6, p. 943.]
ID Code § 26-2226 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 22 - COLLECTION AGENCIES|Section 26-2226 - FALSE OR FRAUDULENT DEBT REDUCTION AND ELIMINATION PRACTICES.

26-2226. FALSE OR FRAUDULENT DEBT REDUCTION AND ELIMINATION PRACTICES. (1) No person shall obtain or attempt to obtain a fee, compensation or consideration from a person through a false or fraudulent representation or statement that a debt, loan, or extension of credit could or would be eliminated, reduced or substituted, if the representation or statement is false or misleading or has the tendency or capacity to be misleading, or if the person making the representation or statement does not have sufficient information upon which a reasonable belief in the truth of the representation or statement could be based. (2) (a) Whenever it appears to the director that a person has violated subsection (1) of this section, the director shall have the powers and remedies set forth in sections 67-2754 and 67-2755, Idaho Code, as well as the powers and remedies found in this chapter, as to any such violation. (b) Any person who violates subsection (1) of this section shall be subject to the criminal proceedings and penalties set forth in sections 67-2757, 67-2758 and 67-2759, Idaho Code, as well as the criminal proceedings and penalties provided in this chapter.  History: [26-2226, added 2005, ch. 265, sec. 17, p. 825.]
ID Code § 26-2228 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 22 - COLLECTION AGENCIES|Section 26-2228 - POWERS OF THE DIRECTOR.

26-2228. POWERS OF THE DIRECTOR. In addition to any other duties authorized by law, the director shall: (1) Administer and enforce the provisions and requirements of this act; (2) Conduct investigations and issue subpoenas as necessary to determine whether a person has violated any provision of this act, rule or order hereunder; (3) Conduct examinations of the books and records of licensees related to business activities authorized under this act and conduct investigations as necessary and proper for the enforcement of the provisions of this act, rules or orders hereunder; (4) Pursuant to chapter 52, title 67, Idaho Code, issue orders and promulgate rules that, in the opinion of the director, are necessary to execute, enforce and effectuate the purposes of this act; and (5) Require that all funds collected by the department under this act be deposited into the finance administrative account pursuant to section 67-2702, Idaho Code.  History: [26-2228, added 1970, ch. 53, sec. 7, p. 118; am. 1974, ch. 24, sec. 23, p. 744; am. 1974, ch. 154, sec. 6, p. 1379; am. 1995, ch. 211, sec. 4, p. 717; am. 2008, ch. 347, sec. 8, p. 944.]
ID Code § 26-2229 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 22 - COLLECTION AGENCIES|Section 26-2229 - CONTRACTS.

26-2229. CONTRACTS. (1) Contracts between collection agency licensees or collection agencies required to be licensed under this act and creditor clients shall be in writing. (2) It shall be a violation of this act for any collection agency contract to: (a) Authorize a collection agency to retain any sums collected on behalf of a creditor client, other than the regular collection fees or commissions authorized by this act; (b) Penalize a creditor client for any unintentional error, mistake or omission in furnishing the correct name or address of any debtor to a collection agency; or (c) Require the payment of any fee, commission or compensation in excess of fifty percent (50%) of the amount actually collected on any account, bill, claim or other indebtedness entrusted to the collection agency for collection. However, in the case that a collection agency collects interest on an account, the creditor client and the collection agency may agree in writing for division of such interest between them without such percentage limitation. Furthermore, in the case of the collection of checks dishonored by nonacceptance or nonpayment, the creditor client and the collection agency, by written agreement between them, may provide, in place of a percentage fee, for the payment of a set dollar amount collection fee not to exceed the amount provided in section 28-22-105, Idaho Code, which shall not be subject to the fifty percent (50%) limitation. Collection agreements to proceed under section 1-2301A, Idaho Code, shall be subject to the fifty percent (50%) limitation. (3) (a) No debt counselor, credit counselor or credit repair organization licensed or required to be licensed under this act shall take or receive for services performed for any one (1) person more than fifteen percent (15%) of the amount received by it at any one (1) time from or on behalf of that person for payment or prorating to creditors, and no other charges shall be made or received for any such service. (b) Debt counselors or credit counselors who do not receive, hold or disburse funds from debtors for payment to creditors shall not charge or accept as a fee for their services more than twenty percent (20%) of the principal amount of the debtor’s unsecured debt at the time of contracting for services for the management of debt. In the event of cancellation of the contract by the debtor prior to its successful completion, the debt counselor or credit counselor shall refund fifty percent (50%) of any collected fees associated with the amount of debt remaining unsettled at the time of the termination of the contract.  History: [26-2229, added 1970, ch. 53, sec. 8, p. 118; am. 1973, ch. 263, sec. 1, p. 538; am. 1974, ch. 24, sec. 24, p. 744; am. 1982, ch. 107, sec. 1, p. 306; am. 1984, ch. 47, sec. 8, p. 81; am. 1995, ch. 211, sec. 5, p. 718; am. 1996, ch. 373, sec. 4, p. 1270; am. 1997, ch. 370, sec. 3, p. 1178; am. 2008, ch. 347, sec. 9, p. 945.]
ID Code § 26-2230 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 22 - COLLECTION AGENCIES|Section 26-2230 - BRANCH OFFICES.

26-2230. BRANCH OFFICES. A licensee must register, in a manner prescribed by the director, each additional place of business from which activities authorized under this act are directly or indirectly conducted in this state. Registered locations shall be considered branches of the licensee. The licensee shall inform the director of the opening of a branch location at least thirty (30) days prior thereto, and no later than thirty (30) days after the closing of any branch location.  History: [26-2230, added 1995, ch. 211, sec. 8, p. 720; am. 1997, ch. 370, sec. 5, p. 1180; am. 2008, ch. 347, sec. 11, p. 947.]
ID Code § 26-2231 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 22 - COLLECTION AGENCIES|Section 26-2231 - RENEWAL OF LICENSE.

26-2231. RENEWAL OF LICENSE. (1) On or before the fifteenth day of March of each year, each licensee shall pay to the director a nonrefundable license renewal fee of one hundred dollars ($100) and shall file with the director a license renewal form providing complete information as required by the director. (2) Failure to fully comply with the license renewal requirements of this section by the fifteenth day of March of each year shall result in automatic expiration of the license as of that date.  History: [26-2231, added 1970, ch. 53, sec. 10, p. 118; am. 1984, ch. 47, sec. 9, p. 82; am. 1990, ch. 346, sec. 3, p. 932; am. 2002, ch. 190, sec. 4, p. 547; am. 2008, ch. 347, sec. 12, p. 948.]
ID Code § 26-2232 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 22 - COLLECTION AGENCIES|Section 26-2232 - COLLECTION AGENCY SURETY BONDS.

26-2232. COLLECTION AGENCY SURETY BONDS. (1) Upon approval of the application and prior to the issuance of a license under this act, the applicant shall file in the department of finance a surety bond in a form prescribed by the director. The bond shall be executed by the applicant as principal and by a surety company authorized to do business in this state, and shall be for the term of the license issued to the applicant. In lieu of the bond required by this section, a certificate of deposit issued by a financial institution authorized to conduct business in Idaho may be provided to the director in the same principal amount as required for the bond. The interest on the certificate of deposit shall be payable to the licensee. The certificate of deposit shall be maintained at all times during which the licensee is authorized to do business under this act. The certificate of deposit must provide that it will remain in effect for at least three (3) years following discontinuance of operations, unless released earlier by the director when all statutory requirements have been met. (2) The surety bond shall be executed to the state of Idaho in the sum of fifteen thousand dollars ($15,000) or upon renewal in such larger sum as hereinafter provided. In any case where a licensee or its representatives have failed to account for and pay over the proceeds of any collection made or money received for payment or prorating to creditors, or have failed to return to a debtor any sum received that was not to be applied to his debts, the creditor or debtor shall have in addition to all other legal remedies a right of action in his own name on such bond without the necessity of joining the licensee in such action. The bond shall be continuous in form and shall remain in full force and effect for the license period. The surety may cancel the bond provided that the surety shall in such event provide the licensee and the director with notice no less than thirty (30) days prior to cancellation of said bond. Such notice shall be by registered or certified mail with request for a return receipt and addressed to the licensee at its main office and to the director. In no event shall the liability of the surety for any and all claims against the bond exceed the face amount of such bond. (3) Upon renewal of a license, the licensee shall supply the director with a statement of the preceding year’s net collections. The amount of the bond upon renewal shall be in the amount of fifteen thousand dollars ($15,000), or two (2) times the average monthly net collections for the preceding year computed to the next highest one thousand dollars ($1,000), whichever sum is greater, up to a maximum of one hundred thousand dollars ($100,000).  History: [26-2232, added 1970, ch. 53, sec. 11, p. 118; am. 1987, ch. 296, sec. 1, p. 632; am. 1987, ch. 301, sec. 1, p. 639; am. 1999, ch. 277, sec. 1, p. 691; am. 2008, ch. 347, sec. 13, p. 948.]
ID Code § 26-2233 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 22 - COLLECTION AGENCIES|Section 26-2233 - LICENSEE ACCOUNTS REQUIRED.

26-2233. LICENSEE ACCOUNTS REQUIRED. (1) Every licensee under this act that receives or holds funds belonging to another in connection with the business activities authorized by this act shall, in its own name, establish and maintain a separate trust account for deposit and remittance of such funds in a financial institution, the deposits of which are insured by the federal deposit insurance corporation. A licensee may not, directly or indirectly, misappropriate, misapply or borrow money held in trust. (2) Every licensee under this act shall establish and maintain a separate business account for the licensee’s business funds and moneys in a financial institution, the deposits of which are insured by the federal deposit insurance corporation.  History: [26-2233, added 1970, ch. 53, sec. 12, p. 118; am. 1983, ch. 252, sec. 1, p. 672; am. 1995, ch. 211, sec. 9, p. 720; am. 1997, ch. 370, sec. 6, p. 1181; am. 2008, ch. 347, sec. 16, p. 950.]
ID Code § 26-2236 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 22 - COLLECTION AGENCIES|Section 26-2236 - SUBPOENAS.

26-2236. SUBPOENAS. The director shall have the power to issue subpoenas as necessary to determine whether a person has violated any provision of this act, rule or order thereunder, to swear witnesses and to take the testimony of any person by deposition, with the same fees and mileage and in the same manner as prescribed by law in judicial procedure in district courts of this state in civil cases. Any party to a proposed revocation or suspension of a license shall have the right of subpoena to compel the attendance of witnesses and produce all reasonably necessary books and writings on his behalf. In case any witness shall fail or refuse to comply with a subpoena to appear before the director, the clerk of the district court of the county in which the administrative proceedings are held shall, upon demand of the director, issue a subpoena reciting the demand therefor and summoning the witness to appear and testify at a time and place fixed; and violation of such subpoena or disobedience thereto shall be deemed and punished as a violation of a subpoena issued by the district court.  History: [26-2236, added 1970, ch. 53, sec. 15, p. 118; am. 1993, ch. 165, sec. 4, p. 420; am. 2008, ch. 347, sec. 19, p. 952.]
ID Code § 26-2237 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 22 - COLLECTION AGENCIES|Section 26-2237 - FEES — DISPOSITION OF FUNDS.

26-2237. FEES — DISPOSITION OF FUNDS. All fees provided for in this act shall be paid to the director and by him remitted to the state treasurer pursuant to section 59-1014, Idaho Code, and all such funds shall be deposited to the credit of the finance administrative account in the state dedicated fund.  History: [26-2237, added 1970, ch. 53, sec. 16, p. 118; am. 1974, ch. 24, sec. 27, p. 744; am. 1984, ch. 47, sec. 10, p. 83; am. 2008, ch. 347, sec. 20, p. 953.]
ID Code § 26-2238 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 22 - COLLECTION AGENCIES|Section 26-2238 - VIOLATIONS — PENALTIES.

26-2238. VIOLATIONS — PENALTIES. (1) Any person who engages in activities authorized under this act, who fails to establish and maintain a separate trust account as required under this act, or fails to disburse funds in accordance with the requirements of this act, or misappropriates, transfers, or converts to his own use or benefit, funds belonging to or held for another person, shall, upon conviction, be guilty of a felony punishable by a fine not to exceed five thousand dollars ($5,000) per violation or by imprisonment for not more than five (5) years, or both. (2) Any person, except a person exempt under section 26-2239, Idaho Code, who engages in activities authorized under this act without first obtaining a license as required by this act shall, upon conviction, be guilty of a felony punishable by a fine not to exceed five thousand dollars ($5,000) or by imprisonment for not more than five (5) years, or both. (3) Any person who shall fail to comply with any of the other provisions of this act shall, upon conviction, be guilty of a misdemeanor.  History: [26-2238, added 1970, ch. 53, sec. 17, p. 118; am. 1997, ch. 370, sec. 8, p. 1182; am. 2008, ch. 347, sec. 21, p. 953.]
ID Code § 26-2239 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 22 - COLLECTION AGENCIES|Section 26-2239 - EXEMPTIONS.

26-2239. EXEMPTIONS. The provisions of this act shall not apply to the following: (1) Persons licensed to practice law in this state, to the extent that they are retained by their clients to engage in activities authorized by this act, and such activities are incidental to the practice of law. Such exemption shall not apply to an attorney engaged in a separate business conducting the activities authorized by this act; (2) Any regulated lender as defined in section 28-41-301, Idaho Code, and its subsidiary, affiliate or agent, to the extent that the regulated lender, subsidiary, affiliate or agent collects for the regulated lender or engages in acts governed by this act which are incidental to the business of a regulated lender; (3) Any bank, trust company, credit union, insurance company or industrial loan company authorized to do business in this state; (4) Any federal, state or local governmental agency or instrumentality; (5) Any real estate broker or real estate salesman licensed under the laws of and residing within this state while engaged in acts authorized by his real estate license; (6) Any person authorized to engage in escrow business in this state while engaged in authorized escrow business; (7) Any mortgage lender engaged in the regular business of a mortgage lender as defined in section 26-31-201, Idaho Code, except a mortgage lender engaged in a separate business conducting the activities authorized by this act; (8) Any court-appointed trustee, receiver or conservator; (9) Any telephone corporation as defined in subsection (14) of section 62-603, Idaho Code, whose initial request for payment on behalf of such telephone corporation or on behalf of another person is made by the telephone corporation as a part of regular telecommunications billings to its customers and at a time before the account, bill, claim or other indebtedness becomes past due or delinquent; (10) Any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom he is so related or affiliated and if the principal business of such person is not the collection of debts.  History: [26-2239, added 1970, ch. 53, sec. 18, p. 118; am. 1990, ch. 346, sec. 6, p. 935; am. 1993, ch. 165, sec. 5, p. 420; am. 2003, ch. 112, sec. 1, p. 355; am. 2008, ch. 347, sec. 22, p. 953; am. 2013, ch. 54, sec. 8, p. 119; am. 2015, ch. 244, sec. 9, p. 1011; am. 2020, ch. 100, sec. 1, p. 260.]
ID Code § 26-2240 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 22 - COLLECTION AGENCIES|Section 26-2240 - AGENT IDENTIFICATION — QUARTERLY NOTICE — FEE.

26-2240. AGENT IDENTIFICATION — QUARTERLY NOTICE — FEE. Each applicant for a license under this act, with its initial license application, and each licensee at annual renewal, shall file with the director a list of all agents including the name of each agent and any other identifying information the director may require. A fee of twenty dollars ($20.00) for each listed agent shall accompany the list. Each licensee shall notify the director in writing of any additions to its agent list no less often than every calendar quarter. A fee of twenty dollars ($20.00) shall be paid to the director for each additionally identified agent in the quarterly notification of additions to a licensee’s agent list. An agent is not required to be listed, nor the fee paid therefor, unless the agent acted for the licensee for more than thirty (30) business days.  History: [26-2240, added 1997, ch. 370, sec. 10, p. 1182; am. 2008, ch. 347, sec. 23, p. 954.]
ID Code § 26-2243 (2021)
2021 Idaho Code|Title 26 - BANKS AND BANKING|Chapter 22 - COLLECTION AGENCIES|Section 26-2243 - PROPERTY RIGHT IN ACCOUNTS — PRACTICE OF LAW PROHIBITED.

26-2243. PROPERTY RIGHT IN ACCOUNTS — PRACTICE OF LAW PROHIBITED. A licensee under this act shall have a property right in any account assigned to it for collection; provided, however, no right herein granted shall authorize such licensee to engage in the practice of law.  History: [26-2243, added 1970, ch. 53, sec. 22, p. 118; am. 2008, ch. 347, sec. 24, p. 954.]