reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1857 - RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.

54-1857. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION. (1) The interstate commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the compact. Notwithstanding the foregoing, in the event the interstate commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted hereunder, then such an action by the interstate commission shall be invalid and have no force or effect.
(2) Rules deemed appropriate for the operations of the interstate commission shall be made pursuant to a rulemaking process that substantially conforms to the "Model State Administrative Procedure Act" of 2010, and subsequent amendments thereto.
(3) Not later than thirty (30) days after a rule is promulgated, any person may file a petition for judicial review of the rule in the United States district court for the District of Columbia or the federal district where the interstate commission has its principal offices, provided that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the interstate commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the authority granted to the interstate commission.
History:
[54-1857, added 2015, ch. 105, sec. 1, p. 256.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1858 - OVERSIGHT OF INTERSTATE COMPACT.

54-1858. OVERSIGHT OF INTERSTATE COMPACT. (1) The executive, legislative and judicial branches of state government in each member state shall enforce the compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of the compact and the rules promulgated hereunder shall have standing as statutory law but shall not override existing state authority to regulate the practice of medicine.
(2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of the compact that may affect the powers, responsibilities or actions of the interstate commission.
(3) The interstate commission shall be entitled to receive all service of process in any such proceeding and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the interstate commission shall render a judgment or order void as to the interstate commission, the compact or promulgated rules.
History:
[54-1858, added 2015, ch. 105, sec. 1, p. 256.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1859 - ENFORCEMENT OF INTERSTATE COMPACT.

54-1859. ENFORCEMENT OF INTERSTATE COMPACT. (1) The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the compact.
(2) The interstate commission may, by majority vote of the commissioners, initiate legal action in the United States district court for the District of Columbia, or, at the discretion of the interstate commission, in the federal district where the interstate commission has its principal offices, to enforce compliance with the provisions of the compact and its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.
(3) The remedies herein shall not be the exclusive remedies of the interstate commission. The interstate commission may avail itself of any other remedies available under state law or the regulation of a profession.
History:
[54-1859, added 2015, ch. 105, sec. 1, p. 257.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1860 - DEFAULT PROCEDURES.

54-1860. DEFAULT PROCEDURES. (1) The grounds for default include, but are not limited to, failure of a member state to perform such obligations or responsibilities imposed upon it by the compact or the rules and bylaws of the interstate commission promulgated under the compact.
(2) If the interstate commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the compact, the bylaws or promulgated rules, the interstate commission shall:
(a) Provide written notice to the defaulting state and other member states of the nature of the default, the means of curing the default and any action taken by the interstate commission. The interstate commission shall specify the conditions by which the defaulting state must cure its default; and
(b) Provide remedial training and specific technical assistance regarding the default.
(3) If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the commissioners and all rights, privileges and benefits conferred by the compact shall terminate on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.
(4) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to terminate shall be given by the interstate commission to the governor, the majority and minority leaders of the defaulting state’s legislature and each of the member states.
(5) The interstate commission shall establish rules and procedures to address licenses and physicians that are materially impacted by the termination of a member state or the withdrawal of a member state.
(6) The member state that has been terminated is responsible for all dues, obligations and liabilities incurred through the effective date of termination, including obligations, the performance of which extends beyond the effective date of termination.
(7) The interstate commission shall not bear any costs relating to any state that has been found to be in default or that has been terminated from the compact, unless otherwise mutually agreed upon in writing between the interstate commission and the defaulting state.
(8) The defaulting state may appeal the action of the interstate commission by petitioning the United States district court for the District of Columbia or the federal district where the interstate commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.
History:
[54-1860, added 2015, ch. 105, sec. 1, p. 257.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1861 - DISPUTE RESOLUTION.

54-1861. DISPUTE RESOLUTION. (1) The interstate commission shall attempt upon the request of a member state to resolve disputes which are subject to the compact and which may arise among member states or member boards.
(2) The interstate commission shall promulgate rules providing for both mediation and binding dispute resolution, as appropriate.
History:
[54-1861, added 2015, ch. 105, sec. 1, p. 258.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1862 - MEMBER STATES, EFFECTIVE DATE AND AMENDMENT.

54-1862. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT. (1) Any state is eligible to become a member state of the compact.
(2) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than seven (7) states. Thereafter, it shall become effective and binding on a state upon enactment of the compact into law by that state.
(3) The governors of nonmember states or their designees shall be invited to participate in the activities of the interstate commission on a nonvoting basis prior to adoption of the compact by all states.
(4) The interstate commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the interstate commission and the member states unless and until it is enacted into law by unanimous consent of the member states.
History:
[54-1862, added 2015, ch. 105, sec. 1, p. 258.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1863 - WITHDRAWAL.

54-1863. WITHDRAWAL. (1) Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the compact by specifically repealing the statute which enacted the compact into law.
(2) Withdrawal from the compact shall be by the enactment of a statute repealing the same, but shall not take effect until one (1) year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member state.
(3) The withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing the compact in the withdrawing state.
(4) The interstate commission shall notify the other member states of the withdrawing state’s intent to withdraw within sixty (60) days of its receipt of notice as provided under subsection (3) of this section.
(5) The withdrawing state is responsible for all dues, obligations and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal.
(6) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.
(7) The interstate commission is authorized to develop rules to address the impact of the withdrawal of a member state on licenses granted in other member states to physicians who designated the withdrawing member state as the state of principal license.
History:
[54-1863, added 2015, ch. 105, sec. 1, p. 258.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1864 - DISSOLUTION.

54-1864. DISSOLUTION. (1) The compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one (1) member state.
(2) Upon the dissolution of the compact, the compact becomes null and void and shall be of no further force or effect. The business and affairs of the interstate commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.
History:
[54-1864, added 2015, ch. 105, sec. 1, p. 258.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1865 - SEVERABILITY AND CONSTRUCTION.

54-1865. SEVERABILITY AND CONSTRUCTION. (1) The provisions of the compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
(2) The provisions of the compact shall be liberally construed to effectuate its purposes.
(3) Nothing in the compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.
History:
[54-1865, added 2015, ch. 105, sec. 1, p. 259.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1866 - BINDING EFFECT OF COMPACT AND OTHER LAWS.

54-1866. BINDING EFFECT OF COMPACT AND OTHER LAWS. (1) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.
(2) All laws in a member state in conflict with the compact are superseded to the extent of the conflict.
(3) All lawful actions of the interstate commission, including all rules and bylaws promulgated by the commission, are binding upon the member states.
(4) All agreements between the interstate commission and the member states are binding in accordance with their terms.
(5) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
History:
[54-1866, added 2015, ch. 105, sec. 1, p. 259.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 18 - PHYSICIANS AND PHYSICIAN ASSISTANTS › Section 54-1867 - LIMITED LICENSE FOR BRIDGE YEAR PHYSICIANS.

54-1867. LIMITED LICENSE FOR BRIDGE YEAR PHYSICIANS. (1) As used in this section:
(a) "Board" means the state board of medicine.
(b) "Bridge year physician" means a person who:
(i) Is within the first year of graduation from a medical school accredited or provisionally accredited by an entity recognized by the board;
(ii) Is a United States citizen or attended medical school in the United States; and
(iii) Applied to, but was not accepted into, an accredited medical residency training program.
(2) The board shall establish a one (1) year, nonrenewable limited license under which bridge year physicians may practice medicine under terms, conditions, and a scope of practice determined by the board. If there is a limit to the number of limited licenses that may be issued, priority shall be granted to bridge year physicians who live in Idaho or who have longstanding ties to the state of Idaho, as determined by the board.
(3) Persons practicing under a limited license established pursuant to this section shall:
(a) Practice only within the scope of practice determined by the board;
(b) Practice under the supervision of a licensed physician or pursuant to a collaborative practice agreement. The person practicing under a limited license shall qualify as one (1) of a supervising physician’s permitted advanced practice professionals. The board shall prescribe supervision requirements for limited licensees, provided that such requirements shall be no less stringent than supervision requirements for physician assistants;
(c) Have prescriptive authority as determined by the board; and
(d) Be subject to the same professional discipline, civil liability, and criminal liability as a fully licensed physician.
(4) The services provided by a person practicing under a limited license shall be compensable in accordance with customary medical billing practices.
(5) The board is authorized to:
(a) Take such actions as are necessary to implement the provisions of this section, including the promulgation of any necessary rules;
(b) Charge a fee of up to three hundred dollars ($300) for a limited license; and
(c) Cooperate with the department of health and welfare and other relevant entities, including hospitals and health care clinics, whether public or private, in establishing a limited license.
(6) No later than January 31, 2033, the board shall provide a report to the senate and house of representatives health and welfare committees on:
(a) Requirements for a limited license;
(b) The number of limited licenses issued and the number of limited license holders who were later accepted into a residency program; and
(c) Whether and how limited licenses have increased the supply of health care providers in health professional shortage areas.
History:
[54-1867, added 2023, ch. 101, sec. 1, p. 301.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 19 - PUBLIC WORKS CONTRACTORS › Section 54-1902 - UNLAWFUL TO ENGAGE IN PUBLIC WORKS CONTRACTING WITHOUT LICENSE — INVESTIGATIONS.

54-1902. UNLAWFUL TO ENGAGE IN PUBLIC WORKS CONTRACTING WITHOUT LICENSE — INVESTIGATIONS. (1) It shall be unlawful for any person to engage in the business or act in the capacity of a public works contractor within this state without first obtaining and having a license issued pursuant to the provisions of this chapter by the administrator of the division of occupational and professional licenses, unless such person is particularly exempted as provided in this chapter.
(2) It shall be unlawful for any public works contractor to subcontract in excess of eighty percent (80%) of the work under any contract to be performed by him as such public works contractor according to the contract prices therein set forth, unless otherwise provided in the specifications of such contracts.
(3) Except as provided in subsection (4) of this section, it shall be unlawful for any public works contractor to:
(a) Accept a bid from any person who at that time does not possess the appropriate license for the project involved; or
(b) Accept bids to sublet any part of any contract for specialty construction from a specialty contractor who at that time does not possess the appropriate license in accordance with this chapter.
(4) No contractor shall be required to have a license under this chapter in order to submit a bid or proposal for contracts for public works financed in whole or in part by federal aid funds, provided that, at or prior to the award and execution of any such contract by the state of Idaho or any other contracting authority mentioned in this chapter, the successful bidder has secured a license as provided in this chapter.
(5) The administrator may, upon his own motion or at the direction of the board, and shall, upon the verified written complaint of any person, investigate allegations of unlicensed practice of public works contracting.
History:
[54-1902, added 1941, ch. 115, sec. 2, p. 212; am. 1955, ch. 223, sec. 2, p. 480; am. 1982, ch. 147, sec. 2, p. 410; am. 1999, ch. 201, sec. 2, p. 531; am. 2001, ch. 300, sec. 2, p. 1087; am. 2002, ch. 127, sec. 1, p. 355; am. 2023, ch. 15, sec. 46, p. 102.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 19 - PUBLIC WORKS CONTRACTORS › Section 54-1903 - EXEMPTIONS.

54-1903. EXEMPTIONS. This chapter shall not apply to:
(1) An authorized representative of the United States government, the state of Idaho, or any incorporated town, city, county, irrigation district, reclamation district or other municipal or political corporation or subdivision of this state.
(2) Officers of a court when they are acting within the scope of their office.
(3) Public utilities operating under the jurisdiction of the public utilities commission of the state of Idaho on construction, maintenance and development work incidental to their own business.
(4) The sale or installation of any finished products, materials or articles of merchandise, which are not actually fabricated into and do not become a permanent fixed part of the structure.
(5) Any construction, alteration, improvement or repair of personal property.
(6) Any construction, alteration, improvement or repair carried on within the limits and boundaries of any site or reservation, the title of which rests in the federal government.
(7) Any construction or operation incidental to the construction and repair of irrigation and drainage ditches of regularly constituted irrigation districts, drainage districts or reclamation districts, except when performed by a person required to be licensed under this chapter.
(8) Duly licensed architects, licensed engineers, and land surveyors when acting solely in their professional capacity.
(9) Any construction, alteration, improvement or repair involving any single project involving any number of trades or crafts with an estimated cost of less than fifty thousand dollars ($50,000).
(10) Any construction, operation, alteration or maintenance of a solid waste disposal site including those operated by, for, or at the direction of a city or a county.
(11) Any construction, operation or repair carried on in response to an emergency that has been officially declared by the governor pursuant to the provisions of chapter 10, title 46, Idaho Code, or an emergency that has been declared by a governing body (city or county) in anticipation of a governor’s declaration, for a period of time not to exceed seven (7) calendar days.
History:
[54-1903, added 1941, ch. 115, sec. 3, p. 212; am. 1961, ch. 216, sec. 1, p. 345; am. 1979, ch. 109, sec. 4, p. 347; am. 1980, ch. 116, sec. 1, p. 254; am. 1987, ch. 71, sec. 1, p. 140; am. 1997, ch. 170, sec. 1, p. 484; am. 1999, ch. 201, sec. 3, p. 532; am. 2000, ch. 376, sec. 1, p. 1236; am. 2005, ch. 213, sec. 25, p. 659; am. 2017, ch. 197, sec. 2, p. 482.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 19 - PUBLIC WORKS CONTRACTORS › Section 54-1904A - FILING OF NOTICES AND INCOME TAX RETURNS — PAYMENT OF INCOME TAXES BY CONTRACTORS.

54-1904A. FILING OF NOTICES AND INCOME TAX RETURNS — PAYMENT OF INCOME TAXES BY CONTRACTORS. Within thirty (30) days after any public works contractor who is required to be licensed pursuant to this chapter has been awarded a contract for construction to be performed within the state of Idaho involving the expenditure of any public moneys, the contract awarding agency shall notify the state tax commission that the contract has been awarded and shall provide to the state tax commission the name and address of the prime contractor. Upon written request of the state tax commission, the prime contractor, within thirty (30) days, shall file with the state tax commission a signed statement showing the date on which such contract was made or awarded, the names and addresses of the home offices of the contracting parties, including all subcontractors, the state of incorporation if the party is a corporation, the project number and a general description of the type and location of the work to be performed, the amount of the prime contract and all subcontracts, and all other relevant information which may be required on forms which may be prescribed by the state tax commission. The state tax commission shall forward to the administrator such information from the form as the administrator and the state tax commission agree is necessary for the administrator to fulfill the requirements of section 54-1913, Idaho Code. Every contractor or subcontractor whose name appears on any such notice shall be required to file income tax returns with the state tax commission and to pay all income taxes which may be due thereon pursuant to law for all years in which any public moneys were received by him in connection with any construction work which was performed within the state of Idaho.
History:
[54-1904A, added 1963, ch. 292, sec. 1, p. 772; am. 1993, ch. 237, sec. 1, p. 820; am. 2005, ch. 213, sec. 26, p. 660; am. 2005, ch. 295, sec. 1, p. 935.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 19 - PUBLIC WORKS CONTRACTORS › Section 54-1904B - RELIEF FROM BIDS.

54-1904B. RELIEF FROM BIDS. (a) If an awarding authority for the public entity determines that a bidder is entitled to relief from a bid because of a mistake, the authority shall prepare a report in writing to document the facts establishing the existence of each element required in section 54-1904C, Idaho Code. The report shall be available for inspection as a public record and shall be filed with the public entity soliciting bids.
(b) A bidder claiming a mistake satisfying all the conditions of section 54-1904C, Idaho Code, shall be entitled to relief from the bid and have any bid security returned by the public entity. Bidders not satisfying the conditions found in section 54-1904C, Idaho Code, shall forfeit any bid security. Bidders failing to execute a contract and not satisfying the conditions of a mistake shall also forfeit any bid security.
History:
[54-1904B, added 1991, ch. 282, sec. 2, p. 728; am. 1999, ch. 201, sec. 5, p. 534.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 19 - PUBLIC WORKS CONTRACTORS › Section 54-1904C - GROUNDS FOR RELIEF.

54-1904C. GROUNDS FOR RELIEF. The bidder shall establish to the satisfaction of the public entity that:
(a) A clerical or mathematical mistake was made;
(b) The bidder gave the public entity written notice within five (5) calendar days after the opening of the bids of the mistake, specifying in the notice in detail how the mistake occurred; and
(c) The mistake was material.
History:
[54-1904C, added 1991, ch. 282, sec. 2, p. 729.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 19 - PUBLIC WORKS CONTRACTORS › Section 54-1904D - PROHIBITION AGAINST FURTHER BIDDING.

54-1904D. PROHIBITION AGAINST FURTHER BIDDING. A bidder who claims a mistake or who forfeits their bid security shall be prohibited from participating in any rebidding of that project on which the mistake was claimed or security forfeited.
History:
[54-1904D, added 1991, ch. 282, sec. 2, p. 729; am. 1999, ch. 201, sec. 6, p. 535.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 19 - PUBLIC WORKS CONTRACTORS › Section 54-1904E - AWARD OF CONTRACT TO SECOND OR NEXT LOWEST BIDDER.

54-1904E. AWARD OF CONTRACT TO SECOND OR NEXT LOWEST BIDDER. If the public entity deems it is in its best interest, it may, on refusal or failure of the successful bidder to execute the contract, award it to the second lowest responsible bidder.
If the second lowest responsible bidder fails or refuses to execute the contract, the public entity may likewise award it to the next lowest responsible bidders.
On the failure or refusal of the second or next lowest responsible bidders to execute a contract, their bidder’s security shall be likewise forfeited. A public entity may determine it is in its best interests to cancel and rebid the public works project and retain any forfeited bid security.
History:
[54-1904E, added 1991, ch. 282, sec. 2, p. 729; am. 1999, ch. 201, sec. 7, p. 535.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 19 - PUBLIC WORKS CONTRACTORS › Section 54-1905 - PUBLIC WORKS CONTRACTORS LICENSE BOARD CREATED — QUALIFICATIONS OF APPOINTEES — TERM — REMOVALS.

54-1905. PUBLIC WORKS CONTRACTORS LICENSE BOARD CREATED — QUALIFICATIONS OF APPOINTEES — TERM — REMOVALS. There is hereby created and made part of the division of occupational and professional licenses a public works contractors license board. It shall be the responsibility and duty of the administrator of the division of occupational and professional licenses to administer and enforce the provisions of this chapter and to serve as secretary to the board. The board shall be composed of eight (8) members, who shall be appointed by the governor. One (1) member of the board shall be a person whose primary business is that of a "heavy construction" contractor, one (1) member shall be a person whose primary business is that of a "highway construction" contractor, one (1) member shall be a person whose primary business is that of a "building construction" contractor, one (1) member shall be a person whose primary business is that of a "specialty construction" contractor, as such construction terms are defined in this chapter, one (1) member shall be a subcontractor with a license no higher than a class "A," one (1) member shall be a "construction manager," one (1) member shall be a registered professional engineer, and one (1) member shall be a member of the general public with an interest in the rights of consumers of public works contracting services. All contractor members of the board shall be contractors holding a current unrevoked license at the time of their appointment, actively engaged in the contracting business and have been so engaged for a period of not less than five (5) years preceding the date of their appointment, and who shall so continue in the contracting business during their term of office. Each member of the board next preceding his appointment shall have been a citizen and resident of the state of Idaho for at least five (5) years. The governor shall appoint a member to said board for a term of three (3) years, and no member shall be appointed to more than two (2) consecutive terms. All members shall serve at the pleasure of the governor. Each member shall hold office after the expiration of their own term until their successor has been duly appointed and qualified. Vacancies on the board for any cause shall be filled by appointment by the governor for the balance of the unexpired term. Each member of the board shall receive a certificate of appointment from the governor and, before entering upon the discharge of his duties, shall file with the secretary of state the constitutional oath of office.
History:
[54-1905, added 1941, ch. 115, sec. 5, p. 212; am. 1955, ch. 223, sec. 4, p. 480; am. 1974, ch. 13, sec. 148, p. 138; am. 1998, ch. 410, sec. 2, p. 1272; am. 1999, ch. 201, sec. 8, p. 535; am. 2000, ch. 438, sec. 1, p. 1396; am. 2001, ch. 300, sec. 4, p. 1089; am. 2001, ch. 301, sec. 1, p. 1098; am. 2016, ch. 340, sec. 23, p. 944; am. 2021, ch. 222, sec. 17, p. 631.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 19 - PUBLIC WORKS CONTRACTORS › Section 54-1907 - DUTIES AND POWERS OF THE BOARD — SEAL.

54-1907. DUTIES AND POWERS OF THE BOARD — SEAL. The board is authorized and directed to prescribe and amend rules consistent with this chapter for the administration of this chapter and to effectuate the purpose thereof, and for the investigation, classification, examination and licensing of public works contractors. The board shall adopt a seal, having upon it the words "Public Works Contractors License Board — State of Idaho." The care and custody of the seal shall be with the administrator. Any member of the board may administer oaths and may take testimony concerning all matters within the jurisdiction of the board.
History:
[54-1907, added 1941, ch. 115, sec. 7, p. 212; am. 1999, ch. 201, sec. 10, p. 536; am. 2001, ch. 300, sec. 6, p. 1090.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 19 - PUBLIC WORKS CONTRACTORS › Section 54-1908 - MEETINGS — QUORUM.

54-1908. MEETINGS — QUORUM. The board shall hold not less than two (2) regular meetings each year for the purpose of transacting such business as may properly come before it. Each year the board shall elect officers. Special or regular monthly meetings of the board may be held at such times as the board may provide in the rules. A majority of the board shall constitute a quorum. Two (2) members of the board may call a special meeting at any time. Due notice of each meeting of the board and the time and place thereof shall be given each member in the manner prescribed in the rules. Each member of the board shall be compensated as provided by section 59-509(n), Idaho Code, and paid from the public works contractors license board fund.
History:
[54-1908, added 1941, ch. 115, sec. 8, p. 212; am. 1955, ch. 223, sec. 5, p. 480; am. 1969, ch. 18, sec. 2, p. 30; am. 1980, ch. 247, sec. 66, p. 634; am. 1987, ch. 55, sec. 1, p. 91; am. 1998, ch. 410, sec. 3, p. 1273; am. 1999, ch. 201, sec. 11, p. 536; am. 2012, ch. 36, sec. 2, p. 107; am. 2013, ch. 187, sec. 9, p. 456; am. 2019, ch. 144, sec. 1, p. 495.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 19 - PUBLIC WORKS CONTRACTORS › Section 54-1911 - FILING, ISSUANCE AND DENIAL OF LICENSES — FEES NOT REFUNDED.

54-1911. FILING, ISSUANCE AND DENIAL OF LICENSES — FEES NOT REFUNDED. Applications for original licenses, together with the fees therefor, shall be filed with the administrator. After such examination and investigation as may be prescribed by rule, in accordance with the provisions of this chapter, if no valid reason exists for further investigation of applicant, the administrator shall issue a license to applicant permitting him to engage in business as a contractor under the terms of this chapter for the licensing period designated. If the information brought to the attention of the administrator concerning the character and integrity of an applicant is such that it would appear proper to deny the application, the applicant shall be notified by certified mail to show cause within such time, not less than five (5) days, nor more than thirty (30) days, why the application should not be denied.
Fees accompanying original applications under this section are for the administration and enforcement of the provisions of this chapter and shall not be refunded to the applicant.
History:
[54-1911, added 1941, ch. 115, sec. 11, p. 212; am. 1955, ch. 223, sec. 6, p. 480; am. 1965, ch. 227, sec. 2, p. 535; am. 1980, ch. 130, sec. 1, p. 288; am. 1993, ch. 237, sec. 3, p. 820; am. 1999, ch. 201, sec. 13, p. 538; am. 2001, ch. 300, sec. 8, p. 1092.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 19 - PUBLIC WORKS CONTRACTORS › Section 54-1913 - RECORDS, LISTS AND INFORMATION.

54-1913. RECORDS, LISTS AND INFORMATION. The administrator shall maintain, open to public inspection during office hours, a complete record of all retained applications, licenses issued, licenses renewed, data collected through the provisions of section 54-1904A, Idaho Code, and all revocations, cancellations and suspensions of licenses, and shall furnish a certified copy of any license issued, upon receipt of the sum of fifty cents (50¢), which certified copy shall be received in all courts and elsewhere as evidence of the facts stated therein.
Whenever funds are available for the purpose, the administrator shall publish a list of the names and addresses of contractors licensed under this chapter and such further information with respect to this chapter and its administration as the administrator deems proper. The administrator may furnish the lists to such public works and building departments, public officials or public bodies, and other persons interested in or allied with the building and construction industry in this or any other state as deemed advisable, and at such intervals as deemed necessary, whenever funds therefor are available. Copies of the lists may also be furnished by the administrator upon request to any firm or individual upon payment of a reasonable fee fixed by the board.
Whenever funds are available for the purpose, the administrator may publish and disseminate to licensees and to public officials or other persons interested in or allied with the building and construction industry, such information with relation to the administration and enforcement of this chapter as deemed necessary to carry out its purposes.
History:
[54-1913, added 1941, ch. 115, sec. 13, p. 212; am. 1974, ch. 13, sec. 149, p. 138; am. 1980, ch. 130, sec. 3, p. 290; am. 1990, ch. 213, sec. 80, p. 548; am. 1993, ch. 237, sec. 5, p. 822; am. 1999, ch. 201, sec. 15, p. 540; am. 2001, ch. 183, sec. 23, p. 635; am. 2001, ch. 300, sec. 10, p. 1093; am. 2005, ch. 213, sec. 27, p. 661.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 19 - PUBLIC WORKS CONTRACTORS › Section 54-1915 - PROCEDURE FOR IMPOSITION OF DISCIPLINE.

54-1915. PROCEDURE FOR IMPOSITION OF DISCIPLINE. (1) Upon the filing of a verified complaint with the administrator charging a licensee or public entity with the commission of any act constituting a cause for disciplinary action within two (2) years prior to the date of filing, or upon such a finding made by the administrator following an investigation, the administrator shall forthwith issue a notice, accompanied by a copy of the complaint, directing the licensee or public entity, within ten (10) days after service of the notice, to appear by filing with the administrator a verified answer to the complaint.
(2) The administrator shall have the power to appoint, by an order in writing, a hearing officer to take testimony, who shall have power to administer oaths, issue subpoenas and compel the attendance of witnesses.
(3) Service of the notice and complaint upon the licensee or public entity shall be fully effected by mailing a true copy of the notice and complaint by certified mail addressed to the licensee at his last address of record with the administrator or to the public entity at its principal place of business. Service of the notice and complaint shall be complete at the time of deposit in accordance with the provisions of the Idaho rules of civil procedure relating to service by mail.
(4) The hearing shall be conducted in accordance with the provisions of chapter 52, title 67, Idaho Code, and the Idaho rules of administrative procedure.
(5) Following the hearing, the hearing officer shall issue recommended findings of fact, conclusions of law, and order. The recommended order may:
(a) Provide for the immediate complete suspension by the licensee of all operations as a contractor during the period fixed by the decision.
(b) Permit the licensee to complete any or all contracts shown by competent evidence taken at the hearing to be then uncompleted.
(c) Impose upon the licensee compliance with such specific conditions as may be just in connection with his operations as a contractor disclosed at the hearing and may further provide that until such conditions are complied with no application for restoration of the suspended or revoked license shall be accepted by the administrator.
(d) Provide for the imposition of any of the sanctions provided by section 54-1914, Idaho Code.
(6) Following a review of the entire hearing record, the administrator shall issue a final decision.
History:
[54-1915, added 1941, ch. 115, sec. 15, p. 212; am. 1993, ch. 216, sec. 72, p. 651; am. 1999, ch. 201, sec. 18, p. 542; am. 2001, ch. 300, sec. 13, p. 1095; am. 2005, ch. 213, sec. 29, p. 663.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 19 - PUBLIC WORKS CONTRACTORS › Section 54-1916 - JUDICIAL REVIEW — APPEALS PROCEDURE.

54-1916. JUDICIAL REVIEW — APPEALS PROCEDURE. (1) The applicant, public entity, or licensee, as the case may be, shall have the right to judicial review of an action of the administrator refusing issuance of a license, or actions taken by the board pursuant to section 54-1914, Idaho Code, in accordance with the provisions of chapter 52, title 67, Idaho Code.
(2) Appeals may be taken from the judgment of said district court to the supreme court of Idaho by either party in the same manner that appeals are taken and records prepared on appeal in civil actions.
(3) On any appeal to the district court by a licensee, the court may, in its discretion, upon the filing of a proper bond by the licensee in an amount to be fixed by the court, but not less than one thousand dollars ($1,000), guaranteeing the compliance by the licensee with specific conditions imposed upon him by the board’s decision, if any, permit the licensee to continue to do business as a contractor pending entry of judgment by the district court.
(4) On any appeal to the district court by a public entity, the court may, in its discretion, suspend the action taken by the board pursuant to section 54-1914, Idaho Code, pending entry of judgment by the district court.
History:
[54-1916, added 1941, ch. 115, sec. 16, p. 212; am. 1993, ch. 216, sec. 73, p. 653; am. 1993, ch. 237, sec. 6, p. 823; am. 1999, ch. 201, sec. 19, p. 543; am. 2001, ch. 300, sec. 14, p. 1096; am. 2005, ch. 213, sec. 30, p. 664.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 19 - PUBLIC WORKS CONTRACTORS › Section 54-1917 - RENEWAL OF SUSPENDED OR REVOKED LICENSE.

54-1917. RENEWAL OF SUSPENDED OR REVOKED LICENSE. After suspension or revocation of the license upon any of the grounds set forth in this chapter, the administrator may renew the license upon proof of compliance by the contractor with all provisions of the decision as to renewal or, in the absence of such decision or any provisions therein as to renewal, in the sound discretion of the administrator. After revocation of a license upon any of the grounds set forth in this chapter, the license shall not be renewed or reissued within a period of one (1) year after the final decision of revocation and then only on proper showing that all loss caused by the act or omission for which the license was revoked has been fully satisfied and that all conditions imposed by the decision of revocation have been complied with. At any time before a case is finally submitted to the board for decision, whether upon an original hearing, or upon a rehearing, a complaint or answer may, upon the motion of either party, and with the consent of the board, or upon the board’s own motion, be amended. If new charges are alleged in an amended complaint, the defendant may, upon request, be allowed ten (10) days to prepare his defense to such new charges.
History:
[54-1917, added 1941, ch. 115, sec. 17, p. 212; am. 2001, ch. 300, sec. 15, p. 1097.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 19 - PUBLIC WORKS CONTRACTORS › Section 54-1918 - SUBPOENAS AND PROCESS.

54-1918. SUBPOENAS AND PROCESS. In any investigation, proceeding or hearing which the administrator is empowered to institute, conduct or hold, the board, and each member thereof, may administer oaths, certify to official acts, issue subpoenas for the attendance of witnesses and the production of books, papers and records, in like manner and to the same extent as courts of record, and with their aid when necessary. The process issued by the board, or any member thereof, shall extend to all parts of the state and may be served by any person authorized to serve process, or by any person designated for that purpose by the board or a member thereof. The person executing any such process shall receive such compensation as may be allowed by the board and not to exceed the fees prescribed by law for similar services, and such fees shall be paid in the same manner as provided herein for the payment of fees for witnesses. Any citation, notice or other process or any paper or document required by this chapter to be served on any party may be personally served as provided in the code of civil procedure, with the same effect as if served by mail in the manner provided in this chapter.
History:
[54-1918, added 1941, ch. 115, sec. 19, p. 212; am. 1999, ch. 201, sec. 20, p. 543; am. 2001, ch. 300, sec. 16, p. 1097.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 19 - PUBLIC WORKS CONTRACTORS › Section 54-1919 - REVOCATION BY COURT.

54-1919. REVOCATION BY COURT. The suspension or revocation of a license as provided in this act may also be included in any action otherwise proper in any court involving the licensee’s performance of his legal obligation as a contractor.
History:
[54-1919, added 1941, ch. 115, sec. 20, p. 212; am. 1999, ch. 201, sec. 21, p. 544.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 19 - PUBLIC WORKS CONTRACTORS › Section 54-1920A - ENFORCEMENT.

54-1920A. ENFORCEMENT. Upon request of the administrator, it shall be the duty of the attorney general to institute and prosecute civil enforcement actions or injunctive actions as provided in section 54-1920, Idaho Code. The attorney general may delegate the authority and duty under this section to the prosecuting attorney of the county in which the action may arise.
History:
[54-1920A, added 2002, ch. 127, sec. 3, p. 357.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 19 - PUBLIC WORKS CONTRACTORS › Section 54-1921 - OCCUPATIONAL LICENSES FUND — RECEIPTS AND DISBURSEMENTS.

54-1921. 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.
History:
[54-1921, added 2021, ch. 224, sec. 48, p. 676.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 19 - PUBLIC WORKS CONTRACTORS › Section 54-1922 - ACT SUPERIOR TO ALL LAWS IN CONFLICT.

54-1922. ACT SUPERIOR TO ALL LAWS IN CONFLICT. Wherever any provisions of the existing laws of the state of Idaho are in conflict with the provisions of this act, the provisions of this act shall control and supersede all such laws.
History:
[54-1922, added 1941, ch. 115, sec. 23, p. 212; am. 1999, ch. 201, sec. 24, p. 545.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 19 - PUBLIC WORKS CONTRACTORS › Section 54-1924 - SEPARABILITY.

54-1924. SEPARABILITY. If any part or parts of this act shall be adjudged by the courts to be unconstitutional or invalid, the same shall not affect the validity of any part or parts thereof which can be given effect without the part or parts adjudged to be unconstitutional or invalid.
History:
[54-1924, added 1941, ch. 115, sec. 25, p. 212; am. 1999, ch. 201, sec. 25, p. 545.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 19 - PUBLIC WORKS CONTRACTORS › Section 54-1925 - PUBLIC CONTRACTS BOND ACT — SHORT TITLE.

54-1925. PUBLIC CONTRACTS BOND ACT — SHORT TITLE. This act may be cited as the Public Contracts Bond Act.
History:
[54-1925, added 1965, ch. 28, sec. 1, p. 43.]