reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 19 - PUBLIC WORKS CONTRACTORS › Section 54-1926A - USE OF GOVERNMENT OBLIGATIONS INSTEAD OF SURETY BONDS.

54-1926A. USE OF GOVERNMENT OBLIGATIONS INSTEAD OF SURETY BONDS. (a) If a person is required under a law of the state of Idaho to give a surety bond, the person may give a government obligation, as defined in subsection (2)(h) of section 54-1901, Idaho Code. The government obligation shall:
(1) Be given to the official having authority to approve the surety bond, or its authorized custodian;
(2) Be in an amount equal at fair market value to the penal sum of the required surety bond; and
(3) Authorize the official receiving the obligation to collect or sell the obligation if the person defaults on a required condition.
(b) (1) An official receiving a government obligation under subsection (a) of this section may deposit it with:
1. The state treasurer;
2. A national or state chartered bank; or
3. A depository designated by the state treasurer.
(2) The state treasurer, bank, or depository shall issue a safekeeping receipt that describes the obligation deposited.
(c) Using a government obligation instead of a surety bond for security is the same as using:
(1) A corporate surety bond;
(2) A certified check;
(3) A bank draft;
(4) A post office money order; or
(5) Cash.
(d) When security is no longer required, a government obligation given instead of a surety bond shall be returned to the person giving the obligation. If a person supplying labor or material to a contractor defaulting under the public contracts bond act, sections 54-1925 through 54-1930, Idaho Code, files with the contracting body the application and affidavit provided under section 54-1927, Idaho Code, the contracting body:
(1) May return to the contractor the government obligation given as security or proceeds of the government obligation given under the public contracts bond act, sections 54-1925 through 54-1930, Idaho Code, only after the ninety (90) day period for bringing a civil action under section 54-1927, Idaho Code;
(2) Shall hold the government obligation or the proceeds subject to the order of the court having jurisdiction of the action if a civil action is brought in the ninety (90) day period.
(e) The provisions of this section do not affect the:
(1) Priority of a claim of the contracting body against a government obligation given under this section;
(2) Right or remedy of the contracting body for default on an obligation provided under this section;
(3) Authority of a court over a government obligation given as security in a civil action; and
(4) Authority of an official of the state of Idaho authorized by another law to receive a government obligation as security.
(f) To avoid frequent substitution of government obligations, the state treasurer may promulgate rules limiting the effect of the provisions of this section, to a government obligation maturing more than one (1) year after the date the obligation is given as security.
History:
[54-1926A, added 1986, ch. 67, sec. 3, p. 192; am. 1992, ch. 17, sec. 1, p. 50; am. 2005, ch. 213, sec. 32, p. 665.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 19 - PUBLIC WORKS CONTRACTORS › Section 54-1928 - LIABILITY OF PUBLIC BODY FOR FAILURE TO OBTAIN PAYMENT BOND.

54-1928. LIABILITY OF PUBLIC BODY FOR FAILURE TO OBTAIN PAYMENT BOND. Any public body subject to this act which shall fail or neglect to obtain the delivery of the payment bond as required by this act, shall, upon demand, itself promptly make payment to all persons who have supplied materials or performed labor in the prosecution of the work under the contract, and any such creditor shall have a direct right of action upon his account against such public body in any court having jurisdiction in any county in which the contract was to be performed and executed which action shall be commenced within one (1) year after the furnishing of materials or labor.
History:
[54-1928, added 1965, ch. 28, sec. 4, p. 43.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 19 - PUBLIC WORKS CONTRACTORS › Section 54-1929 - ATTORNEY’S FEES ALLOWED.

54-1929. ATTORNEY’S FEES ALLOWED. In any action brought upon either of the bonds provided herein, or against the public body failing to obtain the delivery of the payment bond, the prevailing party, upon each separate cause of action, shall recover a reasonable attorney’s fee to be taxed as costs.
History:
[54-1929, added 1965, ch. 28, sec. 5, p. 43.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 19 - PUBLIC WORKS CONTRACTORS › Section 54-1930 - MEANING OF TERMS USED IN ACT.

54-1930. MEANING OF TERMS USED IN ACT. The terms "person" and "claimant" and the masculine pronoun as used in this act shall include individuals, associations, copartnerships, or corporations.
History:
[54-1930, added 1965, ch. 28, sec. 6, p. 43.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 20 - IDAHO REAL ESTATE LICENSE LAW › Section 54-2001 - SHORT TITLE.

54-2001. SHORT TITLE. Sections 54-2001 through 54-2081, Idaho Code, shall be known and may be cited as "Idaho Real Estate License Law."
History:
[54-2001, added 2000, ch. 285, sec. 3, p. 910.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 20 - IDAHO REAL ESTATE LICENSE LAW › Section 54-2002 - LICENSURE REQUIRED.

54-2002. LICENSURE REQUIRED. No person shall engage in the business or act in the capacity of real estate broker or real estate salesperson in this state without an active Idaho real estate license therefor. Unless exempted from this chapter, any single act described within the definitions of "real estate broker" or "real estate salesperson" shall be sufficient to constitute "engaging in the business" within the meaning of this chapter. Any person who engages in the business or acts in the capacity of real estate broker or salesperson in this state, with or without an Idaho real estate license, has thereby submitted to the jurisdiction of the state of Idaho and to the administrative jurisdiction of the Idaho real estate commission and shall be subject to all penalties and remedies available under Idaho law for any violation of this chapter.
History:
[54-2002, added 2000, ch. 285, sec. 3, p. 911; am. 2015, ch. 51, sec. 1, p. 111.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 20 - IDAHO REAL ESTATE LICENSE LAW › Section 54-2003 - EXCEPTIONS TO LICENSURE — ACTIVE LICENSEES — TRANSACTIONS INVOLVING PERSONAL PROPERTY.

54-2003. EXCEPTIONS TO LICENSURE — ACTIVE LICENSEES — TRANSACTIONS INVOLVING PERSONAL PROPERTY. (1) Exceptions to licensure. Except as otherwise stated below, an Idaho real estate license is not required for the following:
(a) The purchase, option, exchange or sale of any interest in real property, or business opportunity for a person’s own account or use;
(b) The acquisition, exchange or other disposition of any interest in real property or business opportunity by its owner or a regular employee of the owner, acting within the scope of his or her employment;
(c) The sale, exchange, purchase or other disposition of any interest in real property or business opportunity by a duly authorized attorney in fact whose power of attorney is granted for the purpose of consummating a single transaction involving the conveyance of a single or undivided interest in a parcel of real property or in a business opportunity;
(d) The acquisition or other disposition of any interest in real property or business opportunity by the following parties only if such acquisition or disposition is undertaken in the performance of their duties as:
(i) A receiver, trustee in bankruptcy, legal guardian or conservator;
(ii) An administrator, executor or personal representative of an estate;
(iii) Any person selling pursuant to the default provisions of a deed of trust, or any duly authorized agent thereof.
(e) The acquisition or other disposition of any interest in real property or business opportunity by an attorney at law in connection with client representation, and if the attorney is not regularly engaged in the conduct or business of real estate broker or salesperson.
(2) Active real estate licensees. An actively licensed real estate broker, associate broker or salesperson must comply with this chapter, regardless of whether the licensee otherwise qualifies for any of the exceptions of subsection (1) of this section.
(3) Transactions involving personal property. An active licensee who, while acting on behalf of another, for compensation or for a promise or expectation of compensation, sells, lists, buys or negotiates, or offers to sell, list, buy or negotiate, the purchase or sale of a mobile home, manufactured home or floating home as defined by Idaho law, shall comply with this chapter regardless of whether such activity would otherwise require an Idaho real estate license.
(4) Exceptions to licensure shall not be used in any way to evade the purposes of this chapter. Any such attempt to evade this chapter shall be considered the unlicensed and unlawful practice of real estate.
History:
[54-2003, added 2000, ch. 285, sec. 3, p. 911; am. 2003, ch. 65, sec. 1, p. 212.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 20 - IDAHO REAL ESTATE LICENSE LAW › Section 54-2005 - THE IDAHO REAL ESTATE COMMISSION.

54-2005. THE IDAHO REAL ESTATE COMMISSION. There is hereby created in the division of occupational and professional licenses the Idaho real estate commission, for the purpose of administering this chapter. The commission shall consist of five (5) members who shall be appointed by the governor and who shall serve at the pleasure of the governor. Members who are licensed under this chapter shall be appointed as follows: one (1) from the northern district consisting of Idaho, Lewis, Nez Perce, Clearwater, Latah, Benewah, Boundary, Shoshone, Kootenai and Bonner counties; one (1) from the southeastern district consisting of Lemhi, Butte, Clark, Fremont, Jefferson, Madison, Teton, Bonneville, Bingham, Caribou, Bear Lake, Franklin, Oneida, Power and Bannock counties; one (1) from the southwestern district consisting of Owyhee, Elmore, Ada, Canyon, Boise, Gem, Payette, Washington, Adams and Valley counties; and one (1) from the south central district consisting of Blaine, Camas, Cassia, Custer, Gooding, Jerome, Lincoln, Minidoka and Twin Falls counties.
History:
[54-2005, added 2000, ch. 285, sec. 3, p. 914; am. 2016, ch. 340, sec. 24, p. 945; am. 2021, ch. 222, sec. 18, p. 632.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 20 - IDAHO REAL ESTATE LICENSE LAW › Section 54-2006 - QUALIFICATIONS OF COMMISSIONERS — TERM AND ORGANIZATION.

54-2006. QUALIFICATIONS OF COMMISSIONERS — TERM AND ORGANIZATION. (1) Four (4) members of the commission shall be actively licensed Idaho-designated real estate brokers or associate brokers who have had at least five (5) years’ active license experience as a designated broker or associate broker in the real estate business in Idaho. One (1) member shall be a member of the public from the state at large with an interest in the rights of consumers of real estate services.
(2) Each regular appointment, other than an appointment to fill an unexpired term, shall commence on July 1 of the year of appointment and be for a term of four (4) years. Each commissioner shall hold office until a qualified successor is appointed. Upon the death, resignation or removal of any member of the commission, the governor shall appoint a qualified person to fill out the unexpired term.
(3) Each year, the commission shall call a meeting and elect a chair, a vice chair, and a commissioner to serve on the Idaho real estate education council. Thereafter, the chair may call meetings of the commission whenever he or she deems it advisable, but if the chair refuses to call a meeting upon written demand of a quorum of the commission, then such members may call the meeting.
History:
[54-2006, added 2000, ch. 285, sec. 3, p. 914; am. 2016, ch. 340, sec. 25, p. 945; am. 2020, ch. 87, sec. 1, p. 233; am. 2021, ch. 221, sec. 9, p. 613.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 20 - IDAHO REAL ESTATE LICENSE LAW › Section 54-2007 - COMPENSATION, POWERS AND DUTIES OF COMMISSION.

54-2007. COMPENSATION, POWERS AND DUTIES OF COMMISSION. Members shall be compensated as provided by section 59-509(n), Idaho Code. The commission is charged with administering and enforcing all provisions of this chapter, and is expressly vested with the power and authority to make and enforce any and all reasonable rules as it deems necessary for administering and enforcing this chapter.
History:
[54-2007, added 2000, ch. 285, sec. 3, p. 914.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 20 - IDAHO REAL ESTATE LICENSE LAW › Section 54-2008 - ESTABLISHMENT OF IDAHO REAL ESTATE EDUCATION COUNCIL.

54-2008. ESTABLISHMENT OF IDAHO REAL ESTATE EDUCATION COUNCIL. An education council consisting of six (6) members, four (4) of whom are to be appointed by the Idaho real estate commission, plus one (1) commissioner and the commission’s executive director, may be established to act as an advisory group to the commission, and to perform functions as set forth in this chapter and in the council’s bylaws, which bylaws must be approved by the commission. The council shall recommend to the commission real estate education policy and course content quality for all education courses approved by the commission as meeting the education requirements of this chapter and its rules, and for such other courses or clinics deemed advisable by the commission for promoting higher standards of practice in the real estate business. The council will prepare for approval by the commission any additional recommended procedures or guidelines for certifying educational courses, instructors and providers.
History:
[54-2008, added 2000, ch. 285, sec. 3, p. 914.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 20 - IDAHO REAL ESTATE LICENSE LAW › Section 54-2009 - COUNCIL APPOINTMENT, QUALIFICATIONS AND TERM.

54-2009. COUNCIL APPOINTMENT, QUALIFICATIONS AND TERM. One (1) member of the council shall be named from each of the four (4) geographic districts of the state: north, south, east and west. The education director of the commission shall serve as the council executive at all council meetings and functions. Each education council member shall be appointed for a term of four (4) years. The commission may remove any council member for neglect of duty, for incompetency, or for unprofessional, dishonorable or any other conduct which the commission believes interferes with that person’s ability to properly act or serve as a council member.
History:
[54-2009, added 2000, ch. 285, sec. 3, p. 915.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 20 - IDAHO REAL ESTATE LICENSE LAW › Section 54-2010 - COMPENSATION.

54-2010. COMPENSATION. Members of the education council are not employees of the state of Idaho, but shall be reimbursed expenses in the same manner as state employees in addition to a per diem allowance in the same amount as that received by the commissioners for each day of approved service.
History:
[54-2010, added 2000, ch. 285, sec. 3, p. 915.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 20 - IDAHO REAL ESTATE LICENSE LAW › Section 54-2011 - TYPES OF LICENSES.

54-2011. TYPES OF LICENSES. (1) The commission may issue a primary Idaho real estate license to any individual, sole proprietorship or legal business entity in accordance with the requirements of this chapter. An individual may be licensed as a real estate salesperson, an associate broker or a designated broker acting for a sole proprietorship or legal business entity.
(2) The commission may issue a nontransferable cooperative license to any out-of-state broker. The cooperative license shall authorize the out-of-state broker to work in cooperation with an actively licensed Idaho real estate designated broker for the purpose of one (1) Idaho commercial real estate transaction.
History:
[54-2011, added 2000, ch. 285, sec. 3, p. 915; am. 2010, ch. 213, sec. 1, p. 462; am. 2017, ch. 232, sec. 2, p. 568.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 20 - IDAHO REAL ESTATE LICENSE LAW › Section 54-2014 - LICENSE EXAMS.

54-2014. LICENSE EXAMS. (1) Exam required. Unless a written certificate of waiver is obtained from the commission and submitted with the application, an individual applicant seeking a primary Idaho real estate license shall take and pass the national portion and the Idaho state portion of an approved exam administered by or through the commission. The license applicant shall take and pass the required portion or portions of the exam within no more than twelve (12) months immediately preceding the date of the license application.
(2) Registration for the exam and exam fee. An individual shall register for the exam in a manner authorized by the commission and shall pay at the time of registration the nonrefundable exam fee in an amount established by motion of the commission, not to exceed one hundred fifty dollars ($150).
(3) Waiver of national portion of exam. An individual who has obtained a written certificate from the commission waiving the national portion of the exam shall be required to take and pass the Idaho state portion of the exam only. The certificate of waiver and exam fee shall be submitted with the application for exam.
(4) Failure to appear for the exam or to pass the exam. An individual who fails to appear for the exam or to pass the exam may register to take another exam. The individual must register and submit a new exam fee.
(5) The commission shall establish, by motion, fees for the exam which, in its discretion, are sufficient to raise the revenue required to administer the exam. Fees so established shall remain effective from year to year and may be altered only upon motion by the commission.
History:
[54-2014, added 2000, ch. 285, sec. 3, p. 918; am. 2001, ch. 123, sec. 3, p. 423; am. 2006, ch. 166, sec. 2, p. 504; am. 2012, ch. 87, sec. 1, p. 244.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 20 - IDAHO REAL ESTATE LICENSE LAW › Section 54-2015 - INDIVIDUALS ACTIVELY LICENSED IN ANOTHER STATE OR JURISDICTION SEEKING PRIMARY IDAHO LICENSURE.

54-2015. INDIVIDUALS ACTIVELY LICENSED IN ANOTHER STATE OR JURISDICTION SEEKING PRIMARY IDAHO LICENSURE. (1) An individual who is currently and actively licensed as a real estate broker or salesperson in another state or jurisdiction at the time of application for a primary Idaho real estate license shall meet all qualifications listed in section 54-2012, Idaho Code, for the type of license sought, except that the applicant shall not be required to furnish proof of the educational prerequisites described in subsection (1)(h) of section 54-2012, Idaho Code; provided however, an individual applying to be licensed as a designated broker of a business entity or sole proprietorship, or as a branch office manager of a licensed branch office, shall comply with the requirements of section 54-2016, Idaho Code. In addition, such applicant shall provide a current, certified license history from the other licensing state or jurisdiction, which history shall indicate any disciplinary action taken against the applicant’s license by the other licensing state or jurisdiction, and the status and standing of the applicant’s license in the other state or jurisdiction.
(2) An individual who holds an active license in good standing in another state or jurisdiction may, upon written request to the commission, obtain a certificate of waiver of the national portion of the exam required for Idaho licensure. A request for waiver shall indicate the individual’s mailing address to which the commission is to deliver the certificate of waiver. The certificate of waiver shall be submitted with the application for exam as provided in subsection (3) of section 54-2014, Idaho Code.
(3) An individual who is currently and actively licensed in another state or jurisdiction that administers a real estate exam may be issued a primary Idaho license without further exam or proof of educational prerequisites pursuant to written agreement between Idaho and the other state or jurisdiction, provided that such other state or jurisdiction allows the issuance of real estate licenses in substantially the same manner as set forth in this subsection; provided however, an individual applying to be licensed as a designated broker of a business entity or sole proprietorship, or as a branch office manager of a licensed branch office, shall comply with the requirements of section 54-2016, Idaho Code, notwithstanding the terms of the agreement.
History:
[54-2015, added 2000, ch. 285, sec. 3, p. 919; am. 2001, ch. 123, sec. 4, p. 424; am. 2002, ch. 220, sec. 3, p. 611; am. 2003, ch. 66, sec. 2, p. 223; am. 2005, ch. 105, sec. 1, p. 329; am. 2006, ch. 166, sec. 3, p. 505; am. 2010, ch. 212, sec. 2, p. 459.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 20 - IDAHO REAL ESTATE LICENSE LAW › Section 54-2019 - DENIAL OF LICENSE APPLICATIONS.

54-2019. DENIAL OF LICENSE APPLICATIONS. (1) The commission may deny any license application, including an application for license renewal, upon the commission’s determination of any of the following:
(a) The applicant does not possess all of the qualifications required for the license sought;
(b) The applicant employed fraud, deception, misrepresentation, misstatement or omission or any unlawful means in applying for a license or taking the exam;
(c) Within the five (5) year period immediately preceding the application, the applicant committed any act for which a real estate license in Idaho may be revoked or suspended;
(d) Payment of any licensing fee by check that is returned by the banking institution due to insufficient funds, unless the reason for not paying on the check is the fault of the banking institution, or by any other type of insufficient payment; or
(e) There exist any other specific facts about the applicant that cause the commission to reasonably conclude that granting the applicant’s request for Idaho licensure is not in the best interests of the citizens of the state of Idaho.
(2) Where any of the facts referenced above warranting denial of the application are not discovered or determined by the commission until after the license has been issued, such facts may be grounds for the inactivation, expiration, termination, suspension or revocation of the license.
History:
[54-2019, added 2000, ch. 285, sec. 3, p. 922; am. 2001, ch. 123, sec. 7, p. 427; am. 2005, ch. 107, sec. 5, p. 344; am. 2015, ch. 71, sec. 1, p. 190.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 20 - IDAHO REAL ESTATE LICENSE LAW › Section 54-2020 - FEES.

54-2020. FEES. The Idaho real estate commission shall establish fees that, in its discretion, are sufficient, when added to the other fees authorized by this chapter, or any other law or rule, to raise that revenue required to administer the provisions of this chapter.
The commission shall assess the following fees, in addition to any other fees established in this chapter or by rule, provided that all fees established by administrative rule of the commission shall remain effective from year to year unless changed through the rulemaking process prescribed in chapter 52, title 67, Idaho Code:
(1) For each year or portion thereof for which an active or inactive license or cooperative license is issued or renewed, a license fee in an amount not to exceed one hundred fifty dollars ($150), the exact fee to be established by administrative rule of the commission;
(2) A tuition or registration fee for real estate education courses, course materials and any course exam fee. These fees shall be established based upon the total annual costs involved in the provision of all real estate education courses, course materials and course exam fees;
(3) A late license renewal fee in an amount not to exceed twenty-five dollars ($25.00), the exact fee to be established by administrative rule of the commission;
(4) For the printing of a license certificate, a fee in an amount not to exceed fifteen dollars ($15.00), the exact fee to be established by administrative rule of the commission;
(5) A fee in the amount allowed by law for insufficient funds checks or other types of insufficient payment;
(6) For the compilation of each certified copy of a licensee’s education history or license history, a fee in an amount not to exceed ten dollars ($10.00), the exact fee to be established by administrative rule of the commission;
(7) For issuance or renewal of a branch office license, a fee in an amount not to exceed fifty dollars ($50.00), the exact fee to be established by administrative rule of the commission;
(8) An application fee for the certification and recertification of each real estate education provider, instructor or course as follows:
(a) For providers, an application fee in the amount of seventy-five dollars ($75.00) for initial certification and fifty dollars ($50.00) for recertification;
(b) For instructors, an application fee in the amount of fifty dollars ($50.00) for initial certification and twenty-five dollars ($25.00) for recertification;
(c) For courses, an application fee in the amount of fifty dollars ($50.00) for initial certification and twenty-five dollars ($25.00) for recertification.
Provided however, that lower fee amounts may be established by administrative rule of the commission.
History:
[54-2020, added 2000, ch. 285, sec. 3, p. 922; am. 2001, ch. 122, sec. 1, p. 416; am. 2001, ch. 123, sec. 8, p. 428; am. 2002, ch. 220, sec. 7, p. 616; am. 2007, ch. 98, sec. 4, p. 291; am. 2008, ch. 144, sec. 2, p. 428; am. 2017, ch. 232, sec. 4, p. 569.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 20 - IDAHO REAL ESTATE LICENSE LAW › Section 54-2021 - OCCUPATIONAL LICENSES FUND — RECEIPTS AND DISBURSEMENTS.

54-2021. OCCUPATIONAL LICENSES FUND — RECEIPTS AND DISBURSEMENTS. All fees, charges, and fines received by the board under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund, and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes. The funds collected under this chapter shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding. Moneys in the fund may be expended by the commission for the promotion and improvement of the real estate profession, the advancement of education and research in the field of real estate, including but not limited to courses sponsored by the commission or in conjunction with any university or college in the state or contracting for a particular research project in the field of real estate, and the promotion and advertising of the state of Idaho.
History:
[54-2021, added 2021, ch. 224, sec. 50, p. 676.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 20 - IDAHO REAL ESTATE LICENSE LAW › Section 54-2022 - REAL ESTATE EDUCATION — PRELICENSE REQUIREMENTS.

54-2022. REAL ESTATE EDUCATION — PRELICENSE REQUIREMENTS. (1) Except as provided in section 54-2015, Idaho Code, an applicant seeking a primary Idaho license as a real estate salesperson, broker or associate broker shall furnish satisfactory proof to the commission that the applicant has successfully completed current commission-approved and accredited courses of real estate study as follows:
(a) Salesperson’s license. For a salesperson’s license, the applicant shall complete a total of ninety (90) classroom hours;
(b) Broker’s or associate broker’s license. Applicants seeking a broker’s or associate broker’s license shall, in addition to meeting the requirements for a salesperson’s license, successfully complete specified courses in advanced real estate study, for a minimum of ninety (90) additional classroom hours.
(2) Each applicant shall successfully complete all prelicense real estate courses within no more than three (3) years prior to the date of the license application. However, upon written request for special consideration by the license applicant, the commission may waive or modify the three (3) year requirement at its discretion, based on the applicant’s experience or additional education. Each waiver request shall be submitted with a current certified license history from Idaho or the applicant’s other licensing jurisdiction, which history shall indicate all disciplinary actions taken against the applicant’s license and the status and standing of such license in such licensing state or jurisdiction, along with sufficient proof of education completion.
(3) To receive credit for prelicense real estate courses, a student must regularly attend and complete the course, and such course must meet all requirements set forth in section 54-2036, Idaho Code.
(4) No credit will be given for courses taken for audit.
(5) Credit for completion of approved prelicense education coursework will not be granted when the content of a course repeats that for which credit has been previously received.
(6) Upon written request from a license applicant, the commission may waive or modify one (1) or more prelicense course requirements based upon the applicant’s satisfactory completion of similar real estate courses in Idaho or another state or jurisdiction. The request for waiver shall be accompanied by an official transcript from the institution that provided the course of instruction, along with a description of the subjects covered in the course and the number of classroom hours involved in the instruction. "Satisfactory completion" means the applicant regularly attended the course and received a final grade of "C" or better.
History:
[54-2022, added 2000, ch. 285, sec. 3, p. 923; am. 2001, ch. 123, sec. 9, p. 429; am. 2008, ch. 142, sec. 2, p. 409; am. 2014, ch. 42, sec. 2, p. 101; am. 2020, ch. 87, sec. 2, p. 234.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 20 - IDAHO REAL ESTATE LICENSE LAW › Section 54-2024 - PURPOSE OF CERTIFICATION.

54-2024. PURPOSE OF CERTIFICATION. It is the intent of this chapter that delivery of high quality real estate education to licensees and to those seeking to become licensed in the state of Idaho is a necessary and reasonable way to protect the citizens, businesses and public interests in Idaho. Therefore, the commission shall create and maintain a certification program for real estate education providers, instructors and course content.
History:
[54-2024, added 2000, ch. 285, sec. 3, p. 925.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 20 - IDAHO REAL ESTATE LICENSE LAW › Section 54-2025 - CERTIFICATION REQUIREMENTS.

54-2025. CERTIFICATION REQUIREMENTS. (1) Certification required. Except as otherwise provided in section 54-2023(6)(d), Idaho Code, certification must be obtained by all course providers, instructors teaching any course other than a continuing education elective course, and for all course content in order for the course to be credited toward prelicense or continuing education requirements in Idaho under this chapter.
(2) Courses, instructors and providers monitored. The commission or its representative may monitor any course for the purpose of course, instructor or provider certification.
(3) If the commission at any time determines that an instructor, course or provider is not meeting the requirements for continued commission approval or certification, written notification detailing the deficiencies requiring correction shall be made immediately to the appropriate person. The commission shall take no action to withdraw the certification for thirty (30) days from the date of the written notice. At the expiration of this period, if the deficiencies have not been corrected to the commission’s satisfaction, the commission may take action to withdraw certification. Withdrawal of certification shall be governed by the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, and the rules of the commission.
History:
[54-2025, added 2000, ch. 285, sec. 3, p. 925; am. 2001, ch. 123, sec. 11, p. 430; am. 2005, ch. 107, sec. 7, p. 347; am. 2014, ch. 42, sec. 4, p. 104.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 20 - IDAHO REAL ESTATE LICENSE LAW › Section 54-2026 - CERTIFICATION OF COURSE PROVIDERS.

54-2026. CERTIFICATION OF COURSE PROVIDERS. (1) Degree-granting institutions. Degree-granting, accredited colleges and universities in any state or jurisdiction shall be deemed to be approved course providers in Idaho. However, course content must still be approved for the real estate education course to receive credit toward prelicense or continuing education licensing requirements in Idaho.
(2) Other course providers. All other course providers desiring to offer real estate courses for credit toward Idaho prelicense or continuing education requirements must first meet the following qualifications and receive certification. Each applicant seeking certification as a course provider shall comply with the following:
(a) File an application for certification in the form and manner required by the commission, along with proper fees, at least two (2) months prior to contemplated date of opening or first accredited course offering;
(b) Designate a "director" or "individual in charge," who shall be responsible for the course provider’s operation and its real estate courses, and with whom the commission may communicate. Unless this requirement is waived upon special review of the commission in the manner stated below, the individual in charge shall:
(i) Not have had a real estate or other professional or occupational license suspended or revoked for disciplinary reasons or have been refused a renewal of a license issued by the state of Idaho or any other state or jurisdiction;
(ii) Not have been convicted, issued any fine, placed on probation, received a withheld judgment, or completed any sentence of confinement for or on account of any felony or a misdemeanor involving fraud, misrepresentation, or dishonest or dishonorable dealing in a court of proper jurisdiction; and
(iii) Have attended a commission-approved provider training within the two (2) years immediately preceding the designation.
The failure of the provider to have in place a designated individual meeting the qualifications required by this subsection shall be grounds for the commission to withdraw or cancel the provider’s certificate as provided in section 54-2025(3), Idaho Code;
(c) File a properly executed "irrevocable consent to service of process" in the manner and form prescribed by the commission and in substantial accordance with section 54-2012(1)(k), Idaho Code. The commission, in its discretion, may make such additional investigation and inquiry relative to the applicant for provider certification as it deems advisable and, if good cause exists, may deny or accept the application for certification.
History:
[54-2026, added 2000, ch. 285, sec. 3, p. 925; am. 2003, ch. 66, sec. 4, p. 224; am. 2004, ch. 120, sec. 3, p. 407; am. 2010, ch. 212, sec. 3, p. 460; am. 2014, ch. 42, sec. 5, p. 104.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 20 - IDAHO REAL ESTATE LICENSE LAW › Section 54-2028 - TERM OF PROVIDER CERTIFICATION AND RENEWAL.

54-2028. TERM OF PROVIDER CERTIFICATION AND RENEWAL. (1) Each course provider’s certification issued by the commission shall be for a term of up to one (1) year and shall expire annually on June 30.
(2) In order to maintain certification, each provider shall:
(a) Return a properly completed renewal application on a form provided by the commission, along with all necessary attachments and renewal fees to the commission office prior to the expiration date for commission approval; and
(b) Certify that its designated director or person in charge has, within the past two (2) years, attended a commission-approved provider training.
(3) Recertification is not effective until the commission has formally approved the application for renewal.
(4) Failure to obtain approved renewal of certification prior to its expiration date will result in no credit being given for courses not yet successfully completed by the expiration date.
History:
[54-2028, added 2000, ch. 285, sec. 3, p. 927; am. 2014, ch. 42, sec. 6, p. 105; am. 2015, ch. 52, sec. 1, p. 124.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 20 - IDAHO REAL ESTATE LICENSE LAW › Section 54-2029 - NOTICE OF POTENTIAL EXPIRATION OF CERTIFICATION.

54-2029. NOTICE OF POTENTIAL EXPIRATION OF CERTIFICATION. Certified providers who have not applied for renewal of certification or whose renewal applications do not meet the qualifications for renewal of certification shall be notified by the commission of potential termination at least fifteen (15) days before termination occurs.
History:
[54-2029, added 2000, ch. 285, sec. 3, p. 927.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 20 - IDAHO REAL ESTATE LICENSE LAW › Section 54-2030 - EXPIRATION OR WITHDRAWAL OF PROVIDER CERTIFICATION — NOTICE TO STUDENTS.

54-2030. EXPIRATION OR WITHDRAWAL OF PROVIDER CERTIFICATION — NOTICE TO STUDENTS. If a provider’s certification expires, is terminated or is withdrawn for any reason, the provider will no longer be approved by the commission, and no credit will be given to students for any courses not yet successfully completed by the expiration date. A provider whose certification has expired, been terminated or withdrawn for any reason shall immediately notify every present or future student in writing that it is not a certified provider of approved real estate courses in Idaho and that no credit for prelicense or continuing education will be given for its courses.
History:
[54-2030, added 2000, ch. 285, sec. 3, p. 927; am. 2015, ch. 51, sec. 5, p. 119.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 20 - IDAHO REAL ESTATE LICENSE LAW › Section 54-2031 - WITHDRAWAL OF IDAHO CERTIFICATION FOR CAUSE — PROCESS.

54-2031. WITHDRAWAL OF IDAHO CERTIFICATION FOR CAUSE — PROCESS. The commission may withdraw a provider’s certification at any time, for cause, including the violation of any provision of this chapter by the provider or those for whom the provider is responsible. Any withdrawal of certification shall be governed by the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, the rules of practice and procedure of the Idaho real estate commission, this chapter and all laws of the state of Idaho.
History:
[54-2031, added 2000, ch. 285, sec. 3, p. 928.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 20 - IDAHO REAL ESTATE LICENSE LAW › Section 54-2032 - CERTIFICATION OF INSTRUCTORS.

54-2032. CERTIFICATION OF INSTRUCTORS. All individuals wishing to teach real estate courses for credit toward prelicense, post license or the commission continuing education core course requirements in Idaho must first be approved or certified by the commission for each course the individual wishes to teach.
History:
[54-2032, added 2000, ch. 285, sec. 3, p. 928; am. 2005, ch. 107, sec. 9, p. 350; am. 2015, ch. 51, sec. 6, p. 119.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 20 - IDAHO REAL ESTATE LICENSE LAW › Section 54-2034 - SPECIAL CONSIDERATION — DISCRETION OF THE COMMISSION.

54-2034. SPECIAL CONSIDERATION — DISCRETION OF THE COMMISSION. The commission may, in its discretion, make such additional investigation and inquiry relative to the applicant for instructor certification as it shall deem advisable, and if other good cause exists, may deny or accept the application for certification. Based upon an applicant’s educational background, experience in related activities, or a review of the applicant’s evaluations as an assistant teacher, the commission may modify the requirements for instructor certification; such modification may include reducing the requirements or assigning additional requirements for certification.
History:
[54-2034, added 2000, ch. 285, sec. 3, p. 929; am. 2006, ch. 166, sec. 8, p. 513.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 20 - IDAHO REAL ESTATE LICENSE LAW › Section 54-2035 - TERM OF INSTRUCTOR CERTIFICATION AND RENEWAL.

54-2035. TERM OF INSTRUCTOR CERTIFICATION AND RENEWAL. (1) Certification. Each instructor certification issued by the commission shall be for a term of up to one (1) year and shall expire annually on June 30.
(2) Recertification.
(a) In order to be recertified, each instructor shall:
(i) Return a completed recertification application on a form provided by the commission, along with all necessary attachments and fees, to the commission office prior to the expiration date for commission approval;
(ii) Demonstrate the ability to adequately teach the course. The ability to adequately teach shall be determined by the commission based upon any or all of the following:
1. Evaluations received from students;
2. Direct observation of the instructor’s teaching performance by a commission representative; or
3. Review of the outline and reference materials provided for the course; and
(iii) Have attended a commission-sponsored instructor development seminar or received other acceptable training in methods of teaching adults during the preceding two (2) years.
(b) Recertification shall not be effective until the commission formally approves the application for renewal. An instructor’s failure to obtain approved recertification prior to the expiration of the certification will result in no credit being given for any course taught by the instructor whose certification has expired prior to conclusion of the course.
History:
[54-2035, added 2000, ch. 285, sec. 3, p. 929; am. 2003, ch. 65, sec. 5, p. 217; am. 2007, ch. 98, sec. 7, p. 296; am. 2015, ch. 52, sec. 2, p. 124.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 20 - IDAHO REAL ESTATE LICENSE LAW › Section 54-2037 - TERM OF COURSE CERTIFICATION AND RENEWAL.

54-2037. TERM OF COURSE CERTIFICATION AND RENEWAL. Each course certification issued by the commission shall be for a term of two (2) years. The exact expiration date will be shown on the course certificate. In order to maintain certification a course provider, for each course, must return a properly completed renewal application on a form provided by the commission, along with all necessary attachments and renewal fees to the commission office prior to the expiration date and within sufficient time for commission review and approval. Recertification is not effective until the commission has formally approved the application for renewal. Failure to obtain approved renewal of certification prior to its expiration date will result in no credit being given for a course if its certification has expired prior to conclusion of the course.
History:
[54-2037, added 2000, ch. 285, sec. 3, p. 930.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 20 - IDAHO REAL ESTATE LICENSE LAW › Section 54-2038 - DESIGNATED BROKER — GENERAL RESPONSIBILITIES — BROKER PRICE OPINIONS.

54-2038. DESIGNATED BROKER — GENERAL RESPONSIBILITIES — BROKER PRICE OPINIONS. The requirement that each brokerage company be maintained and conducted in compliance with the Idaho real estate license law and the Idaho real estate brokerage representation act is the responsibility of its designated broker. The designated broker is responsible for the actions of its licensees and associated unlicensed persons performed within the course and scope of their employment or agency, regardless of the location of the company’s business or where representation is conducted.
(1) A designated broker is required to:
(a) Supervise and control, in the manner required by law and rule, all office locations, and the activities of all licensees and unlicensed persons associated with that brokerage company or for whom that designated broker is responsible;
(b) Review and approve all real estate agreements including, but not limited to, those related to listing, selling or purchasing property and brokerage representation agreements;
(c) Be reasonably available to manage and supervise the brokerage company during regular business hours and will maintain adequate, reasonable, and regular contact with sales associates engaged in real estate transactions so as to prevent or curtail practices by a licensee that would violate any provision of this chapter; and
(d) Be reasonably available to the public during business hours in order to discuss or resolve complaints and disputes that arise during the course of real estate transactions in which the designated broker or his sales associate is involved.
(2) A broker who is otherwise qualified to do business in Idaho, but is not able to manage and supervise according to this section, may be licensed as a "limited broker" in Idaho and shall not have any sales associates licensed under that broker.
(3) An actively licensed salesperson or broker may, in the ordinary course of business, give an opinion of the price of real estate for the purpose of a prospective listing or sale. Only an actively licensed broker or associate broker may prepare and render a broker price opinion, as defined in this chapter. An associate broker who prepares and renders a broker price opinion shall notify the designated broker, and the associate broker may not accept any fee except through the designated broker. Any licensee who renders a price opinion that does not comply with this subsection or with the requirements of section 54-4105, Idaho Code, is subject to discipline by the commission.
(4) A designated broker shall not allow any person who is not properly licensed to represent that broker as a sales associate, or otherwise, in any real estate business activities requiring a real estate license. "Properly licensed" means a license or a change in license that has been made effective by the commission.
History:
[54-2038, added 2000, ch. 285, sec. 3, p. 931; am. 2011, ch. 108, sec. 2, p. 278; am. 2020, ch. 106, sec. 1, p. 286.]