reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 7 - FOREST, WILDLIFE AND RANGE EXPERIMENT STATION › Section 38-707 - TIMBER PRODUCTS — MARKETING PROBLEMS — INVESTIGATION AND RESEARCH.

38-707. TIMBER PRODUCTS — MARKETING PROBLEMS — INVESTIGATION AND RESEARCH. Investigation of and research into the problems connected with the conversion of forests into marketable products and the utilization of wood material to the highest economic advantage together with the reduction of waste through research into new uses of such waste materials customarily resulting from the conversion and manufacture of timber products shall be within the province of the authority of the forest, wildlife and range experiment station.
History:
[38-707, added 1939, ch. 259, sec. 7, p. 643.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 7 - FOREST, WILDLIFE AND RANGE EXPERIMENT STATION › Section 38-708 - SEEDS AND NURSERY STOCK FOR SPECIAL PLANTINGS — INVESTIGATION AND EXPERIMENTATION.

38-708. SEEDS AND NURSERY STOCK FOR SPECIAL PLANTINGS — INVESTIGATION AND EXPERIMENTATION. The forest, wildlife and range experiment station is authorized to investigate possibilities and experiment with seeds, nursery stock and otherwise, independently and through cooperation with the agricultural experiment station, the various county agents of the state of Idaho, the federal government by means of the Clarke-McNary Nursery, and with private land owners, in the experimental production of suitable planting stock with the specific purposes in mind of developing suitable tree species for farm wood production, for protection of farmstead buildings, and general windbreak and shelterbelt plantings, and for dry land plantings.
History:
[38-708, added 1939, ch. 259, sec. 8, p. 643.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 7 - FOREST, WILDLIFE AND RANGE EXPERIMENT STATION › Section 38-709 - GAME AND OTHER WILDLIFE — INVESTIGATION AND RESEARCH.

38-709. GAME AND OTHER WILDLIFE — INVESTIGATION AND RESEARCH. It shall be within the purpose of the forest, wildlife and range experiment station to investigate and conduct research into the propagation, protection, taking and productive management of game, fish, fur animals, birds and other wildlife in harmony with other major economic uses of land within the state of Idaho to the end that sportsmen, hunters and the general public, each in their own sphere, may be able to enjoy the presence of and the pursuit of game, fish and wildlife.
History:
[38-709, added 1939, ch. 259, sec. 9, p. 643.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 7 - FOREST, WILDLIFE AND RANGE EXPERIMENT STATION › Section 38-710 - FORAGE AND RANGE RESOURCES UPON WILD AND FOREST LANDS — INVESTIGATION AND RESEARCH.

38-710. FORAGE AND RANGE RESOURCES UPON WILD AND FOREST LANDS — INVESTIGATION AND RESEARCH. For the direct purpose of aiding in the management and perpetuation of forage resources so that such resources shall be of the highest use to the state in its support of agriculture, including the livestock industry of the state, and the general public, in their utilization of the forage resources found upon the wild and forest lands within the state of Idaho and without invading the fields of research and investigation designated as belonging to the work of the experiment station of the College of Agriculture of the University of Idaho, the forest, wildlife and range experiment station is authorized to conduct investigations and research into the production, protection, utilization and management for continuous use of all forage and range resources found thereon, and the direct and indirect effects of the use of these resources upon erosion and watershed protection.
History:
[38-710, added 1939, ch. 259, sec. 10, p. 643.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 7 - FOREST, WILDLIFE AND RANGE EXPERIMENT STATION › Section 38-711 - RECOMMENDATIONS TO ADMINISTRATIVE AGENCIES — PUBLISHING OF INFORMATION.

38-711. RECOMMENDATIONS TO ADMINISTRATIVE AGENCIES — PUBLISHING OF INFORMATION. It shall be the duty of and within the purpose of the forest, wildlife and range experiment station to make recommendations based upon studies and determinations, to the appropriate administrative agencies, concerning the production, management and utilization of the various resources to which the information shall apply and from time to time to publish and to distribute such information as shall be of interest and value to the industries and activities affected.
History:
[38-711, added 1939, ch. 259, sec. 11, p. 643.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 7 - FOREST, WILDLIFE AND RANGE EXPERIMENT STATION › Section 38-712 - INFORMATION, CORRESPONDENCE AND DATA — DUTY TO GUARD.

38-712. INFORMATION, CORRESPONDENCE AND DATA — DUTY TO GUARD. It shall be the duty of all officers and employees of the forest, wildlife and range experiment station, appointed or assigned, to guard carefully all confidential information accumulated in the progress of their work and such information shall be subject to disclosure according to chapter 1, title 74, Idaho Code; and to consider as property of the forest, wildlife and range experiment station all correspondence, notes, illustrations and data of any kind accumulated by them in the execution of the work of the experiment station delegated to them.
History:
[38-712, added 1939, ch. 259, sec. 12, p. 643; am. 1990, ch. 213, sec. 33, p. 508; am. 2015, ch. 141, sec. 81, p. 439.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 7 - FOREST, WILDLIFE AND RANGE EXPERIMENT STATION › Section 38-713 - SEPARABILITY.

38-713. SEPARABILITY. If any provision of sections 38-701—38-713 or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of sections 38-701—38-713 are declared to be severable.
History:
[38-713, added 1939, ch. 259, sec. 13, p. 643.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 7 - FOREST, WILDLIFE AND RANGE EXPERIMENT STATION › Section 38-716 - RANGELAND CENTER ACT.

38-716. RANGELAND CENTER ACT. This act shall be known and may be cited as the "Rangeland Center Act."
History:
[38-716, added 2012, ch. 144, sec. 2, p. 380.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 8 - FLOATING TIMBER › Section 38-801 - DEFINITION OF TIMBER.

38-801. DEFINITION OF TIMBER. The word "timber" is used in this chapter to designate all logs, boards, planks, lumber, railroad ties, poles, rails, posts, cordwood or beams, and whether in rafts or otherwise, but does not include the sort of wood commonly called driftwood.
History:
[(38-801) R.S., sec. 830; reen. R.C. & C.L., sec. 867; C.S., sec. 1295; I.C.A., sec. 37-301.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 8 - FLOATING TIMBER › Section 38-802 - RECLAMATION BY OWNER.

38-802. RECLAMATION BY OWNER. Whenever any timber drifts upon any island in any of the waters of this state, or upon the bank of any such waters, the owner of the timber may remove it on paying or tendering to the owner or occupant of the land the amount of damages which he has sustained by reason thereof, and which may accrue in its removal; and if the parties can not agree as to the amount of such damages, either party may have the same appraised by two (2) disinterested citizens of the county, who may hear the proofs and determine the same at the expense of the owner of the timber.
History:
[(38-802) 1885, p. 177, sec. 1; R.S., sec. 831; reen. R.C. & C.L., sec. 868; C.S., sec. 1296; I.C.A., sec. 37-302.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 8 - FLOATING TIMBER › Section 38-803 - SALE BY SHERIFF.

38-803. SALE BY SHERIFF. If the owner of such timber does not, within three months from the time it was so drifted, take the same away, the owner or occupant of the land must deliver a bill of his charges and appraisement of damages, together with the timber, to the sheriff of the county, and thereafter the sheriff must sell the same after three (3) days’ notice posted in three (3) public places of the precinct.
History:
[(38-803) R.S., sec. 832; reen. R.C. & C.L., sec. 869; C.S., sec. 1297; I.C.A., sec. 37-303.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 8 - FLOATING TIMBER › Section 38-804 - APPLICATION OF PROCEEDS.

38-804. APPLICATION OF PROCEEDS. When sold, the proceeds of the timber must be applied, first, to the payment of the charges of the sale, and in liquidation of the expenses and damages awarded to the person entitled thereto; and the residue must be paid to the county treasurer, to be by him paid over to the owner, or his representative or assigns, on the production of satisfactory proof of ownership to the magistrate judge, and on his order therefor made within one (1) year after its receipt.
History:
[(38-804) R.S., sec. 833; reen. R.C. & C.L., sec. 870; C.S., sec. 1298; I.C.A., sec. 37-304; am. 2012, ch. 20, sec. 19, p. 71.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 8 - FLOATING TIMBER › Section 38-805 - REJECTION OF CLAIMANT’S RIGHT — DISPOSITION OF PROCEEDS.

38-805. REJECTION OF CLAIMANT’S RIGHT — DISPOSITION OF PROCEEDS. The rejection by the magistrate judge of any claimant’s right to such proceeds is conclusive, unless, within six (6) months thereafter, he commences action therefor. In case no claim is made or sustained to such proceeds, the same must, by the county treasurer, be placed in the common school fund of the county.
History:
[(38-805) R.S., sec. 834; reen. R.C. & C.L., sec. 871; C.S., sec. 1299; I.C.A., sec. 37-305; am. 2012, ch. 20, sec. 20, p. 71.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 8 - FLOATING TIMBER › Section 38-806 - DAMS AND BOOMS — LIMITATION ON CONSTRUCTION.

38-806. DAMS AND BOOMS — LIMITATION ON CONSTRUCTION. No dam or boom must be hereafter constructed or permitted on any creek or river, unless said dam or boom has connected therewith a sluiceway, lock or fixture sufficient and so arranged as to permit timber to pass around, through or over said dam or boom without unreasonable delay or hindrance.
History:
[(38-806) 1885, p. 177, sec. 6; R.S., sec. 835; reen. R.C. & C.L., sec. 872; C.S., sec. 1300; I.C.A., sec. 37-306.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 8 - FLOATING TIMBER › Section 38-807 - BOOMS AND WEIRS AS NUISANCES — ABATEMENT — LIABILITY OF OWNER.

38-807. BOOMS AND WEIRS AS NUISANCES — ABATEMENT — LIABILITY OF OWNER. Any boom or weir in or over any creek or river so constructed as to prevent the passage of logs or lumber, is a public nuisance, which may be abated unless a suitable sluiceway, lock or passage be made thereon, within thirty (30) days after written notice given by any person interested, and any person owning, holding or occupying such boom or weir is liable to pay five dollars ($5.00) for every day the same remains in or over said creek or river, after thirty (30) days’ notice to remove the same, and is liable for any damages sustained by individuals by reason of said boom or weir.
History:
[(38-807) 1885, p. 177, sec. 7; am. R.S., sec. 836; reen. R.C. & C.L., sec. 873; C.S., sec. 1301; I.C.A., sec. 37-307.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 8 - FLOATING TIMBER › Section 38-809 - PRIZE LOGS — SALE AT PUBLIC AUCTION.

38-809. PRIZE LOGS — SALE AT PUBLIC AUCTION. All logs or timbers suitable for manufacture into lumber, ties, poles, or other timber products, not bearing a legally recorded mark or marks, which shall be placed aboard a transport vehicle for land transportation or placed afloat on a waterway, or permitted to be afloat upon any of the public waters of this state, not confined in booms or rafts, and all such logs or timbers bearing a legally recorded mark or marks not claimed within one (1) year after being placed in transit or afloat shall be prize logs, and no evidence of any private ownership thereof shall be admissible in any proceeding. Prize logs shall be sold by or under the direction of the Idaho board of scaling practices, and the proceeds of such sale, after deducting the expense of the sale and transportation or other charges incurred in getting said logs to the sale site shall go into the state scaling fund. Such sale shall be at public auction after publication of notice of time and place thereof for not less than three (3) consecutive weeks in a newspaper of general circulation printed and published in the county in which the sale is to be held. It shall be the duty of every person having custody or possession of prize logs to deliver them to the Idaho board of scaling practices upon demand.
History:
[38-809, added 1973, ch. 198, sec. 2, p. 449; am. 2008, ch. 200, sec. 3, p. 647.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 11 - SALE OF LUMBER PRODUCED OUTSIDE OF THE STATE › Section 38-1101 - SALE OF LUMBER OR LUMBER PRODUCTS PRODUCED OUTSIDE OF THE STATE OF IDAHO.

38-1101. SALE OF LUMBER OR LUMBER PRODUCTS PRODUCED OUTSIDE OF THE STATE OF IDAHO. It shall be unlawful for any individual or corporation to sell or offer for sale or dispose of, in any manner, any lumber or lumber products which have been imported into the state of Idaho from any foreign country without the same being plainly labeled in such a manner as to show the country from which said product came or in which they were produced.
History:
[38-1101, added 1965, ch. 174, sec. 1, p. 358.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 11 - SALE OF LUMBER PRODUCED OUTSIDE OF THE STATE › Section 38-1102 - PENALTY.

38-1102. PENALTY. Any person or persons violating any of the provisions of this act shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100).
History:
[38-1102, added 1965, ch. 174, sec. 2, p. 358.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 12 - LOG SCALING › Section 38-1201 - LOG SCALING PRACTITIONERS — LICENSE REQUIREMENT.

38-1201. LOG SCALING PRACTITIONERS — LICENSE REQUIREMENT. Every person practicing or offering to practice log scaling as herein defined, shall submit evidence of his qualifications and be licensed as hereinafter provided; and it shall be unlawful for any person to practice or offer to practice log scaling where the scaled quantities derived from such scaling shall be used for commercial purposes in this state, unless such person has been duly licensed under the provisions of this act, or is an apprentice under the supervision of a licensed scaler.
History:
[38-1201, added 1969, ch. 91, sec. 1, p. 305; am. 1979, ch. 303, sec. 1, p. 823; am. 1998, ch. 87, sec. 1, p. 297.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 12 - LOG SCALING › Section 38-1202 - DEFINITIONS.

38-1202. DEFINITIONS. As used in this chapter, unless the context or subject matter requires otherwise:
(1) Scaler and Professional Scaler. A person who is qualified by reason of his knowledge of the principles of scaling acquired by professional education and/or practical experience, to engage in the practice of scaling forest products.
(2) Scaling. The quantitative measurement of logs or other forest products by means of a log rule. The term "scaling" shall include any professional scaling service rendered in connection with the measurement of forest products, or supervision of scaling when such service is rendered requiring the application of scaling principles and data.
(3) Board. The Idaho board of scaling practices.
History:
[38-1202, added 1969, ch. 91, sec. 2, p. 305; am. 1979, ch. 303, sec. 2, p. 823; am. 1991, ch. 175, sec. 1, p. 426; am. 1998, ch. 87, sec. 2, p. 297; am. 2008, ch. 200, sec. 4, p. 648.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 12 - LOG SCALING › Section 38-1204 - QUALIFICATIONS.

38-1204. QUALIFICATIONS. Appointive members of the board shall be citizens of the United States and residents of this state, and they shall have been regularly engaged in the timber products industry for at least five (5) years, and at least two (2) of whom shall have had experience in or knowledge of the practice of scaling.
History:
[38-1204, added 1969, ch. 91, sec. 4, p. 305; am. 2008, ch. 201, sec. 1, p. 649.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 12 - LOG SCALING › Section 38-1205 - COMPENSATION.

38-1205. COMPENSATION. Each member of the board shall be compensated as provided in section 59-509(m), Idaho Code.
History:
[38-1205, added 1969, ch. 91, sec. 5, p. 305; am. 1979, ch. 311, sec. 1, p. 841; am. 1980, ch. 247, sec. 31, p. 603; am. 1986, ch. 330, sec. 2, p. 813; am. 2021, ch. 28, sec. 1, p. 68.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 12 - LOG SCALING › Section 38-1206 - REMOVAL — VACANCIES.

38-1206. REMOVAL — VACANCIES. The governor may remove any member of the board for misconduct, incompetency, neglect of duty, or for any other sufficient cause. Vacancies in the membership of the board shall be filled for the unexpired term by appointment by the governor as provided in section 38-1203[, Idaho Code].
History:
[38-1206, added 1969, ch. 91, sec. 6, p. 305.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 12 - LOG SCALING › Section 38-1207 - MEETINGS — OFFICERS — QUORUM.

38-1207. MEETINGS — OFFICERS — QUORUM. The board shall hold a meeting within thirty (30) days after its members are first appointed and thereafter shall hold at least two (2) regular meetings each year. The rules may provide for such additional regular meetings and for special meetings. Notice of all meetings shall be given as may be provided in the rules. The director of the department of lands shall be chairman of the Idaho board of scaling practices and the board shall annually elect a vice-chairman and a secretary, who shall be members of the board. Four (4) members shall constitute a quorum.
History:
[38-1207, added 1969, ch. 91, sec. 7, p. 305; am. 1970, ch. 185, sec. 1, p. 534; am. 1974, ch. 17, sec. 21, p. 308; am. 1979, ch. 311, sec. 2, p. 841; am. 2003, ch. 95, sec. 1, p. 280; am. 2008, ch. 200, sec. 5, p. 648.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 12 - LOG SCALING › Section 38-1208 - ADOPTION OF RULES AND SEAL — MAINTENANCE OF OFFICE — HEARINGS — PENALTIES FOR CONTEMPT.

38-1208. ADOPTION OF RULES AND SEAL — MAINTENANCE OF OFFICE — HEARINGS — PENALTIES FOR CONTEMPT. The board shall have the power to adopt and amend rules and regulations as provided in chapter 52, title 67, Idaho Code, and such rules and regulations, not inconsistent with the constitution and laws of this state, which may be reasonably necessary for the proper performance of its duties and the administration of the act. It shall adopt and have an official seal. It shall have power to hire employees, provide and equip an office as may be reasonably necessary for the proper performance of its duties.
The board shall have the power and duty to administer provisions of this act and may under the hand of its chairman and the seal of the board, subpoena witnesses and compel their attendance, and may require the production of books, papers, and other documents in any case or proceeding involving the revocation or suspension of a license issued under authority of this act or the practice or offer to practice scaling without a license in the state of Idaho. Any member of the board may administer oaths or affirmations to witnesses appearing before the board. If any person shall refuse to obey any subpoena so issued, or shall refuse to testify or produce any books, papers, or documents, the board may present its petition to the district judge of the district in which the witness may be found, setting forth the proceedings theretofore taken by the board to subpoena the witness and the failure of the witness to attend and briefly stating the subject matter upon which the testimony of the witness is required by the board; thereupon, such district judge may cause an order to be issued, requiring such witness to appear before the board to testify and to produce such books, papers and other documents as may be deemed necessary and pertinent by the board. Any person failing or refusing to obey such order shall be punished as for contempt of court, and any person failing to obey the subpoena of the board shall be guilty of a misdemeanor and shall be punished accordingly.
History:
[38-1208, added 1969, ch. 91, sec. 8, p. 305; am. 1970, ch. 185, sec. 2, p. 534.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 12 - LOG SCALING › Section 38-1210 - RECORD OF PROCEEDINGS — REGISTER OF APPLICATIONS FOR REGISTRATION — ANNUAL REPORT TO GOVERNOR.

38-1210. RECORD OF PROCEEDINGS — REGISTER OF APPLICATIONS FOR REGISTRATION — ANNUAL REPORT TO GOVERNOR. The board shall keep a record of its proceedings and a register of all applications for registration, which register shall show (a) the name, age and residency of each applicant; (b) the date of the application; (c) the place of business of such applicant; (d) his qualifications as a scaler; (e) whether the applicant was rejected; (f) whether a certificate of registration was granted; (g) the dates of the action of the board; and (h) such other information as may be deemed necessary by the board.
The records of the board shall be prima facie evidence of the proceedings of the board set forth therein, and a transcript thereof, duly certified by the secretary of the board under seal, shall be admissible in evidence with the same force and effect as if the original were produced. Annually the board shall submit to the governor a report of its transactions of the preceding year, and shall also transmit to him a complete statement of the receipts and expenditures of the board, attested by affidavits of its chairman and its secretary.
History:
[38-1210, added 1969, ch. 91, sec. 10, p. 305.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 12 - LOG SCALING › Section 38-1211 - ROSTER OF LICENSED SCALERS.

38-1211. ROSTER OF LICENSED SCALERS. A roster showing the names and places of business of all licensed scalers shall be published by the secretary of the board during the month of December of each year. Copies of this roster shall be mailed to each person so registered, and furnished to the public upon request.
History:
[38-1211, added 1969, ch. 91, sec. 11, p. 305; am. 1991, ch. 30, sec. 7, p. 62.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 12 - LOG SCALING › Section 38-1212 - APPLICANTS ELIGIBLE FOR LICENSE.

38-1212. APPLICANTS ELIGIBLE FOR LICENSE. Except as herein otherwise expressly provided, no license shall be issued until an applicant has successfully passed an examination given by or under the supervision of the board, nor shall a license be issued to an applicant having habits or character that would justify revocation or suspension of his certificate.
Each applicant must furnish minimum evidence that he is qualified to take the examination as required by this act. In addition the applicant must furnish evidence satisfactory to the board that the applicant possesses knowledge and skill of a character satisfactory to the board and indicating that the applicant is competent to practice scaling.
Any person having the necessary qualifications prescribed in this act to entitle him to be licensed as a log scaler shall be eligible for such registration although he may not be practicing his profession at the time of making his application.
History:
[38-1212, added 1969, ch. 91, sec. 12, p. 305.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 12 - LOG SCALING › Section 38-1213 - APPLICATION FORMS — FEE.

38-1213. APPLICATION FORMS — FEE. Applications for registration shall be on forms prescribed and furnished by the board. The application shall be made under oath, and shall show the applicant’s education, experience and a detailed summary of his technical work; and the applicant shall furnish not less than three (3) references.
The registration fee for professional scalers shall be twenty-five dollars ($25.00) which shall accompany the application for examination.
History:
[38-1213, added 1969, ch. 91, sec. 13, p. 305; am. 1986, ch. 330, sec. 3, p. 813.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 12 - LOG SCALING › Section 38-1214 - EXAMINATIONS — CERTIFICATE OF REGISTRATION.

38-1214. EXAMINATIONS — CERTIFICATE OF REGISTRATION. Examinations shall be held at such times and places as the board shall determine. Examinations shall be required on fundamental scaling subjects.
The scope of the examination shall be prescribed by the board with special emphasis to the applicant’s ability to perform scaling. A candidate failing his first examination may apply for re-examination at any regular examination time without filing a new application and shall be entitled to such re-examination on payment of an additional fee of twenty-five dollars ($25.00). A candidate who fails on re-examination must file a new application before he can again be admitted to examination, and such new application shall not be filed prior to thirty (30) days following the date of the last examination taken by the applicant.
The board shall issue a certificate of registration upon payment of registration fee as provided for in this act, to any applicant who, in the opinion of the board, has satisfactorily met all of the requirements of this act. Certificates of registration shall show the full name of the registrant, shall give a serial number, and shall be signed by the chairman and the secretary of the board under seal of the board.
The issuance of a certificate of registration by the board shall be prima facie evidence that the person named therein is entitled to all the rights and privileges of a registered professional log scaler and is licensed to scale under the act.
History:
[38-1214, added 1969, ch. 91, sec. 14, p. 305; am. 1986, ch. 330, sec. 4, p. 814.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 12 - LOG SCALING › Section 38-1215 - CHECKSCALERS — APPOINTMENT — CHECKSCALING CRITERIA — REPORT — BOND.

38-1215. CHECKSCALERS — APPOINTMENT — CHECKSCALING CRITERIA — REPORT — BOND. The director of the department of lands shall, with approval of the board, appoint such qualified licensed scalers as checkscalers as may be needed to perform checkscaling within the state. Checkscalers employed by the state of Idaho shall be nonclassified employees, and shall be exempt from the provisions of chapter 53, title 67, Idaho Code. Criteria for conducting such checkscaling and a minimum number of logs and/or volume to be considered adequate for a valid checkscale shall be determined by the board, and shall guide the appointed scaler in performance of his checkscaling duties. The cost of all checkscales other than in the regular course of the checkscaler’s duties shall be paid by the person requesting the same or by the party in error where the checkscaler finds and determines scaling error outside the allowable limits set by the board. All checkscaling costs shall be determined by using the costs of checkscaling at the time of request as determined by the board. The checkscaler shall make a report of his findings to the board within a reasonable time after each checkscale and said report shall be accepted as prima facie evidence of the facts stated in such report. Any person directly affected by said report shall be entitled to receive a copy of said report as soon as the checkscale has been completed.
All checkscalers appointed by the board shall obtain and execute a bond to the board for the benefit of those businesses and/or persons using the services of the checkscaler covering the performance of his checkscaling duties, which bond shall be in the sum of one thousand dollars ($1,000), executed by a qualified surety, duly authorized to do business in this state, upon the condition that said applicant, if said bond be issued to him, shall conduct his checkscaling duties without fraud or fraudulent misrepresentation and will faithfully perform his duties as a checkscaler for those persons using his services; said bond to be reissued annually on or before the 1st day of July each year, and said bond shall be filed with the board.
The premium on said checkscalers’ bonds shall be regarded as a proper and necessary expense of the board, and shall be paid out of the "state scaling account."
History:
[38-1215, added 1969, ch. 91, sec. 16, p. 305; am. 1970, ch. 185, sec. 4, p. 534; am. 1974, ch. 17, sec. 22, p. 308; am. 1979, ch. 139, sec. 1, p. 435.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 12 - LOG SCALING › Section 38-1216 - APPRENTICESHIP CERTIFICATES — TEMPORARY PERMITS.

38-1216. APPRENTICESHIP CERTIFICATES — TEMPORARY PERMITS. The board shall establish and prescribe the criteria and basis for issuing apprenticeship certificates and for issuing temporary permits; provided, however, that an apprentice shall be authorized to scale only under the direct supervision of a licensed scaler and temporary permits may be issued only where there are no available scalers in the area and the surrounding circumstances warrant the issuance of a temporary permit. Temporary permits may be issued for such time periods and at such fee as may be determined by the board, provided, however, that a temporary permit shall not be issued for a period of time in excess of three (3) months. Apprenticeship certificates shall require the apprentice to scale as an apprentice for a period of ninety (90) working days and at the expiration of said ninety (90) day period to take the licensed scalers examination as in this act provided.
History:
[38-1216, added 1969, ch. 91, sec. 17, p. 305.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 12 - LOG SCALING › Section 38-1217 - EXPIRATION OF CERTIFICATE OF REGISTRATION — RENEWAL — FEES.

38-1217. EXPIRATION OF CERTIFICATE OF REGISTRATION — RENEWAL — FEES. Certificates of registration shall expire two (2) years from the last day of June following their issuance or renewal and shall become invalid on that date unless renewed.
As a condition of renewal, a person shall be required to pass an examination as established by the board and pay a renewal fee of twenty-five dollars ($25.00).
History:
[38-1217, added 1969, ch. 91, sec. 18, p. 305; am. 1979, ch. 311, sec. 4, p. 843; am. 1986, ch. 330, sec. 5, p. 814.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 12 - LOG SCALING › Section 38-1218 - REVOCATION OR SUSPENSION OF CERTIFICATE.

38-1218. REVOCATION OR SUSPENSION OF CERTIFICATE. The board shall have power to (1) revoke the certificate of registration or, (2) suspend the certificate of registration, for a period of time not exceeding two (2) years, of any registrant who is found guilty of:
(a) The practice of any fraud or deceit in obtaining a certificate of registration;
(b) Gross negligence, incompetency, habitual intemperance, insanity, conviction of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code, or misconduct in the practice of professional scaling as a registered professional scaler.
Any person may prefer charges, based on any of the grounds listed in this section, against any registrant. Such charges shall be in writing and shall be sworn to by the person making them and shall be filed with the secretary of the board.
All charges, unless dismissed by the board as unfounded or trivial, shall be heard by the board as soon as possible but not to exceed three (3) months after the date on which they shall have been preferred.
The time and place for said hearing shall be fixed by the board and a copy of the charges, together with a notice of the time and place of hearing, shall be personally served on, or mailed to the last known address of, such registrant at least thirty (30) days before the date fixed for the hearing. At any hearing, the accused registrant shall have the right to appear personally and by counsel to cross-examine witnesses in his own defense.
If, after such hearing, three (3) or more members of the board vote in favor of finding the accused guilty, the board shall revoke or suspend, as herein provided, the certificate of registration of such registered professional scaler.
In addition to the foregoing, provisions contained in chapter 52, title 67, Idaho Code, shall also apply.
History:
[38-1218, added 1969, ch. 91, sec. 19, p. 305; am. 1970, ch. 185, sec. 5, p. 534; am. 2020, ch. 175, sec. 5, p. 509.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 12 - LOG SCALING › Section 38-1219 - REISSUANCE OR REINSTATEMENT.

38-1219. REISSUANCE OR REINSTATEMENT. The board, for reasons it may deem sufficient, may reissue or reinstate a certificate of registration to any person whose certificate has been revoked or suspended, provided three (3) or more members of the board vote in favor of such reissuance or reinstatement. A new certificate of registration, to replace any certificate revoked, lost, destroyed or mutilated, may be issued, subject to the rules of the board, and upon payment of such reasonable charge therefor as shall be fixed by the board to cover the estimated cost of investigation and such reissuance, but not exceeding twenty-five dollars ($25.00) in any case.
History:
[38-1219, added 1969, ch. 91, sec. 20, p. 305; am. 1979, ch. 311, sec. 5, p. 843.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 12 - LOG SCALING › Section 38-1220 - SCALING METHODS USED.

38-1220. SCALING METHODS USED. (a) The method of scaling the various forest products for commercial purposes shall be in accordance with the board’s administrative rules.
(b) For the purpose of payment for logging or hauling logged forest products only, forest products shall be measured by gross weight, or by gross volume converted to gross decimal "C" or gross cubic volume.
(c) Forest products scaled or otherwise measured by or for any agency of the United States government shall not be affected by this act. The licensing and bonding provisions of this act do not apply to any person measuring logs for any agency of the United States government, unless such agency so elects.
(d) Measurement may be determined by a sampling process.
History:
[38-1220, added 1969, ch. 91, sec. 21, p. 305; am. 1979, ch. 303, sec. 3, p. 824; am. 1979, ch. 311, sec. 6, p. 844; am. 1998, ch. 87, sec. 3, p. 298.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 12 - LOG SCALING › Section 38-1221 - COMMENCEMENT OF CIVIL ENFORCEMENT ACTIONS — CRIMINAL ACTIONS AND PENALTIES AUTHORIZED — DUTIES OF ATTORNEY GENERAL AND PROSECUTING ATTORNEYS.

38-1221. COMMENCEMENT OF CIVIL ENFORCEMENT ACTIONS — CRIMINAL ACTIONS AND PENALTIES AUTHORIZED — DUTIES OF ATTORNEY GENERAL AND PROSECUTING ATTORNEYS. (a) Upon request of the board or the chairman, it shall be the duty of the attorney general to institute and prosecute civil enforcement actions as provided in section 38-1220A, Idaho Code. In addition, when deemed by the chairman to be necessary, the chairman may retain private counsel to institute and prosecute civil enforcement actions as provided in section 38-1220A, Idaho Code.
(b) In addition to the above, any person who shall practice, or offer to practice log scaling in this state without being licensed, having a temporary permit or being an apprentice, in accordance with the provisions of this act or any rule, regulation, order or license issued or promulgated thereunder, or any person who shall attempt to use an expired or revoked certificate of registration or practice at any time during a period the board has suspended or revoked his certificate of registration, or any person who shall violate any of the provisions of this act or any rule, regulation, order or license issued or promulgated thereunder, shall be guilty of a misdemeanor, and shall, upon conviction, be sentenced to pay a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500). A prosecution for a misdemeanor under this chapter must be commenced by the filing of the complaint or the finding of an indictment within two (2) years after its commission.
The attorney general of this state or any assistant designated by him shall act as legal advisor of the board; and all criminal actions for violations of the provisions of this act shall be prosecuted by the prosecuting attorney of the county or counties in which the violations of the act may be committed.
History:
[38-1221, added 1969, ch. 91, sec. 22, p. 305; am. 1986, ch. 243, sec. 2, p. 662; am. 1993, ch. 91, sec. 1, p. 219.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 12 - LOG SCALING › Section 38-1222 - APPEAL FROM CHECKSCALE TO BOARD — APPEAL FROM BOARD TO COURT.

38-1222. APPEAL FROM CHECKSCALE TO BOARD — APPEAL FROM BOARD TO COURT. Any scaler, seller, user, producer, buyer, or hauler of forest products aggrieved by any checkscaling report may appeal the report to the board. The board shall hear and determine such appeal as a contested case as provided in chapter 52, title 67, Idaho Code.
Any person aggrieved by any action of the board in denying, suspending, or revoking his license may appeal therefrom to the district court as provided in chapter 52, title 67, Idaho Code.
History:
[38-1222, added 1969, ch. 91, sec. 23, p. 305; am. 1970, ch. 185, sec. 6, p. 534; am. 1993, ch. 216, sec. 21, p. 603.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 13 - FOREST PRACTICES ACT › Section 38-1301 - SHORT TITLE.

38-1301. SHORT TITLE. This act shall be known and may be cited as "The Idaho Forest Practices Act."
History:
[38-1301, added 1974, ch. 197, sec. 1, p. 1506.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 13 - FOREST PRACTICES ACT › Section 38-1302 - POLICY OF THE STATE — PURPOSE OF ACT.

38-1302. POLICY OF THE STATE — PURPOSE OF ACT. (1) Recognizing that federal, state and private forest lands make a vital contribution to Idaho by providing jobs, products, tax base, and other social and economic benefits, by helping to maintain forest tree species, soil, air and water resources, and by providing a habitat for wildlife and aquatic life, it is the public policy of the state to encourage forest practices on these lands that maintain and enhance those benefits and resources for the people of the state of Idaho.
(2) To encourage uniform forest practices implementing the policy of this chapter, and to provide a mechanism for harmonizing and helping it implement and enforce laws and rules relating to federal, state and private forest land, it is the purpose of this chapter to vest in the board authority to adopt rules designed to assure the continuous growing and harvesting of forest tree species and to protect and maintain the forest soil, air, water resources, wildlife and aquatic habitat.
(3) No unit of local government shall enact any ordinance, rule or resolution which purports to regulate forest practices on the forest land in this state and which conflicts with any provision of this chapter.
History:
[38-1302, added 1974, ch. 197, sec. 2, p. 1506; am. 1991, ch. 244, sec. 1, p. 595; am. 1992, ch. 259, sec. 1, p. 752.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 13 - FOREST PRACTICES ACT › Section 38-1304 - DUTIES OF THE BOARD.

38-1304. DUTIES OF THE BOARD. The board:
(1) Shall adopt rules for forest regions establishing minimum standards for the conduct of forest practices on forest land. These rules shall be based upon the following criteria:
(a) Provide for the harvesting of forest tree species in a manner that will maintain the productivity of the forest land, minimize soil and debris entering streams and protect wildlife and fish habitat.
(b) Provide for road construction that will insure protection and maintenance of forest productivity, water quality and fish and wildlife habitat during construction and maintenance.
(c) Provide for reforestation that will maintain a continuous growing and harvesting of forest tree species by describing the conditions under which reforestation will be required, specifying the minimum number of trees per acre and the maximum period of time allowed after harvesting for establishment of forest tree species, and requiring stabilization of soils which have become exposed as a result of harvesting; however, an acreage exemption from reforestation may be established except that on such land exempted within one (1) year following harvesting, some form of vegetative cover shall be required sufficient to provide continuing soil productivity and stabilization.
(d) Provide for the use of chemicals or fertilizers in such a manner that the public health and aquatic and wildlife habitat will not be endangered from their handling, storage and application.
(e) Provide for management of slashings resulting from the harvesting, management or improvement of forest tree species in that manner necessary to protect reproduction and residual stands, to reduce risk from fire and insects and disease, to optimize the conditions for future regeneration of forest tree species, and to maintain air and water quality and fish and wildlife habitat.
(f) Provide for the timely salvage logging on all forest lands of dead or dying timber or timber that is threatened by various physical elements. Rules developed pursuant to this section shall consider both the economic value of the timber to be salvaged, the immediate costs of the salvage efforts, and the long-term costs to all forest resources and values associated with insect, disease or fire conditions which might otherwise be controlled by the salvage operations. The provisions of this subpart shall not apply to single contiguous forest ownerships less than two thousand (2,000) acres in size. Nothing in this paragraph shall be construed as requiring the removal of timber from private lands against the wishes of the private landowner.
History:
[38-1304, added 1974, ch. 197, sec. 4, p. 1506; am. 1991, ch. 245, sec. 2, p. 600.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 13 - FOREST PRACTICES ACT › Section 38-1306A - NONRESIDENT OPERATORS — BOND.

38-1306A. NONRESIDENT OPERATORS — BOND. Prior to commencing any forest practices, nonresident operators who do not own real property in Idaho shall submit to the department a bond in a form acceptable to the board to insure the performance of the duties of the operator under this chapter and any rules and regulations promulgated hereunder, in the amount of two hundred dollars ($200) per acre for each acre in the contract area, with a minimum bond of five thousand dollars ($5,000) and a maximum bond of fifteen thousand dollars ($15,000).
History:
[38-1306A, added 1980, ch. 64, sec. 2, p. 130.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 13 - FOREST PRACTICES ACT › Section 38-1306B - REQUIREMENT FOR OPERATING BONDS.

38-1306B. REQUIREMENT FOR OPERATING BONDS. (1) At the direction of the board, the department shall require submission of an operating bond, before accepting a forest practices notification, from any operator who has repeatedly or habitually:
(a) Operated without a valid forest practices notification as required in section 38-1306, Idaho Code;
(b) Violated the terms of a stop work order issued pursuant to section 38-1307(2)(b), Idaho Code;
(c) Failed to apply best management practices as required by law and the rules promulgated under this chapter;
(d) Willfully caused degradation to forest soils, air, or water resources; or
(e) Failed to comply with the rules promulgated under this chapter as determined by the board.
(2) The bond shall be in a form, acceptable to the board, to insure the performance of the duties of the operator under this chapter and any rules promulgated thereunder, in the amount of two hundred dollars ($200) per acre for each acre in the contract area included in a forest practices notification, with a minimum bond of five thousand dollars ($5,000) and a maximum bond of fifteen thousand dollars ($15,000).
(3) If the operator is a nonresident operator this bond shall be in addition to the nonresident bond required pursuant to section 38-1306A, Idaho Code.
History:
[38-1306B, added 1995, ch. 281, sec. 2, p. 943.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 13 - FOREST PRACTICES ACT › Section 38-1309 - DUTY OF PURCHASER.

38-1309. DUTY OF PURCHASER. The initial purchaser of forest tree species which have been harvested from forest lands shall before making such purchase or contract to purchase, or accepting delivery of the same, must receive and keep on file a copy of the notice required by section 38-1306, Idaho Code, relating to the harvesting practice for which the forest tree species are being acquired by the initial purchaser. Such notice shall be available for inspection upon request by the department at all reasonable times.
History:
[38-1309, added 1974, ch. 197, sec. 9, p. 1506.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 13 - FOREST PRACTICES ACT › Section 38-1310 - MISDEMEANOR VIOLATIONS — FINES — EXEMPTION.

38-1310. MISDEMEANOR VIOLATIONS — FINES — EXEMPTION. (1) A violation of: subsections (1) through (4) of section 38-1306 or section 38-1312, Idaho Code, an order issued under subsection (2) of section 38-1307, Idaho Code, a rule adopted under section 38-1304, Idaho Code, or a material misrepresentation or false statements in the notice or notice of change required by section 38-1306 or section 38-1312, Idaho Code, is a misdemeanor. Each day’s violation of an order issued under subsection (2) of section 38-1307, Idaho Code, is a separate offense. Each violation of section 38-1309, Idaho Code, is a separate offense.
(2) Fines collected under this act shall be deposited in the general account.
(3) Sections 38-1306 and 38-1307, Idaho Code, do not apply to forest practices performed by the department on forest land owned by the state of Idaho, but do apply to political subdivisions thereof.
History:
[38-1310, added 1974, ch. 197, sec. 10, p. 1506; am. 1988, ch. 211, sec. 1, p. 401.]
2023 Idaho Code › Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS › Chapter 13 - FOREST PRACTICES ACT › Section 38-1311 - ENFORCEMENT OF ACT.

38-1311. ENFORCEMENT OF ACT. The director may delegate to any person within the department the powers and duties of peace officers to enforce this act.
History:
[38-1311, added 1974, ch. 197, sec. 11, p. 1506.]