reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 51 - NATUROPATHIC MEDICINE LICENSING › Section 54-5105 - BOARD OF MEDICINE AND NATUROPATHIC MEDICAL BOARD — POWERS AND DUTIES — FUNDS.

54-5105. BOARD OF MEDICINE AND NATUROPATHIC MEDICAL BOARD — POWERS AND DUTIES — FUNDS. (1) The board of medicine shall administer, coordinate, and enforce the provisions of this chapter and, for that purpose, may hire such employees as may be necessary. The naturopathic medical board shall make recommendations to, and consult with, the board concerning qualification of applicants for licensure, issuance of licenses, renewal of licenses, discipline of licensees, and rules to be promulgated under this chapter.
(2) The board of medicine may, upon recommendation of the naturopathic medical board, or by its own motion, adopt rules pursuant to chapter 52, title 67, Idaho Code, necessary to implement the provisions of this chapter, including but not limited to rules relating to professional licensure examination, the establishment of ethical standards of practice, disciplinary proceedings, and license suspension, revocation, or restriction for persons holding a license to practice naturopathic medicine in this state.
(3) The naturopathic medical board shall hold meetings, conduct hearings, and keep records and minutes as are necessary to carry out its functions.
(4) All fees received 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 and naturopathic medical board under the provisions of this chapter shall be a charge against and paid from said fund for such purposes, and the funds collected hereunder shall be immediately available for the administration of this chapter. Money paid into the occupational licenses fund pursuant to this chapter is hereby continuously appropriated to the board for expenditure in the manner prescribed in this section to defray the expenses of the board and naturopathic medical board in carrying out and enforcing the provisions of this chapter.
History:
[54-5105, added 2019, ch. 208, sec. 1, p. 636; am. 2021, ch. 224, sec. 74, p. 688.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 51 - NATUROPATHIC MEDICINE LICENSING › Section 54-5106 - QUALIFICATIONS FOR LICENSURE.

54-5106. QUALIFICATIONS FOR LICENSURE. To be eligible for a license to practice as a naturopathic medical doctor in the state of Idaho, the applicant shall submit an application, pay the fee, and fulfill the following requirements:
(1) The applicant must be a graduate of an approved naturopathic medical program as defined in this chapter.
(2) The applicant must provide proof of having received a passing grade on the naturopathic physicians licensing examinations administered by the approved national board of naturopathic examiners.
(3) The board may require an applicant to be personally interviewed by the board, the naturopathic medical board, or by a designated committee of the board. Such an interview shall be limited to a review of the applicant’s qualifications and professional credentials.
(4) The application shall require a fingerprint-based criminal history check of the Idaho central criminal database and the federal bureau of investigation criminal history database. Each applicant must submit a full set of the applicant’s fingerprints on forms supplied by the board, which shall be forwarded to the Idaho state police and the federal bureau of investigation identification division for this purpose. The board shall not disseminate data acquired from a fingerprint-based criminal history check except as allowed by law.
(5) This section shall take effect on July 1, 2020.
History:
[54-5106, added 2019, ch. 208, sec. 1, p. 637.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 51 - NATUROPATHIC MEDICINE LICENSING › Section 54-5107 - ENDORSEMENT.

54-5107. ENDORSEMENT. The naturopathic medical board may waive the examination, education, or experience requirements and grant a license by endorsement to any applicant who:
(1) Presents proof of a current license in good standing to engage in the practice of naturopathic medicine in another state or the District of Columbia that requires standards for licensure considered by the board to be equivalent to the requirements for licensure pursuant to this chapter; and
(2) Does not have any disciplinary action, whether past, pending, public or confidential, by any licensing board, licensing authority, professional association, hospital, or institution in any state or district. The standards for licensure of applicants who are licensed in another jurisdiction shall not be less than the qualifications for licensure in this chapter.
(3) This section shall take effect on July 1, 2020.
History:
[54-5107, added 2019, ch. 208, sec. 1, p. 637.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 51 - NATUROPATHIC MEDICINE LICENSING › Section 54-5108 - LICENSE EXPIRATION AND RENEWAL.

54-5108. LICENSE EXPIRATION AND RENEWAL. (1) A license issued under the provisions of this chapter shall be subject to annual or biennial renewal and shall expire unless renewed in the manner prescribed by the rules of the naturopathic medical board, upon payment of a renewal fee.
(2) The board shall establish the following fees relating to licensing, which fees shall be established in an amount sufficient to defray all costs necessary for the administration of this chapter:
(a) Initial license and examination fee;
(b) Renewal of license fee;
(c) Inactive license fee; and
(d) Late renewal fees.
(3) No license expired for more than twenty-four (24) months may be renewed. The applicant shall comply with the requirements of section 54-5106, Idaho Code, for obtaining an initial license.
(4) This section shall take effect on July 1, 2020.
History:
[54-5108, added 2019, ch. 208, sec. 1, p. 637.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 51 - NATUROPATHIC MEDICINE LICENSING › Section 54-5109 - GROUNDS FOR DISCIPLINE OR DENIAL OF A LICENSE.

54-5109. GROUNDS FOR DISCIPLINE OR DENIAL OF A LICENSE. (1) The board, upon recommendation of the naturopathic medical board, or on its own motion, may refuse to issue or renew a license or may revoke, suspend, or otherwise discipline a license holder for any of the following grounds:
(a) The use of fraud or deceit in obtaining a license under this chapter or in connection with services rendered as a naturopathic medical doctor;
(b) A legal finding of mental incompetence;
(c) Aiding or abetting a person, not duly licensed under this chapter, in claiming to be a naturopathic medical doctor or in practicing naturopathic medicine;
(d) Gross negligence, incompetence, or misconduct in the performance of naturopathic medicine;
(e) Conviction of a felony or the entering of a plea of guilty or the finding of guilt by a jury or court of commission of a felony;
(f) Providing health care that fails to meet the standard of health care provided by other qualified naturopathic medical doctors in the same community or similar communities, taking into account their training, experience, and the degree of expertise to which they hold themselves out to the public;
(g) Violating any law or rule pursuant to this chapter;
(h) Engaging in any conduct that constitutes an abuse or exploitation of a patient arising out of the trust and confidence placed in the naturopathic physician by the patient;
(i) Having a license to practice naturopathic medicine or other health care license or certificate refused, revoked, suspended, or otherwise disciplined by any state, territory, district of the United States, or Canada;
(j) Prescribing, dispensing, or administering any controlled substance or device except as authorized by this chapter, or as authorized by the medical practice act in section 54-1804(1)(g), Idaho Code;
(k) Performing surgical procedures, except those minor office procedures authorized by this chapter;
(l) Administering ionizing radioactive substances for therapeutic purposes;
(m) Performing surgical procedures using a laser device;
(n) Inducing or performing an abortion;
(o) Failure to comply with a board order; or
(p) Committing an act that constitutes a felony.
(2) The board may reinstate any revoked or suspended license on such terms as it may determine upon recommendation of the naturopathic medical board or upon its own motion.
(3) This section shall take effect on July 1, 2020.
History:
[54-5109, added 2019, ch. 208, sec. 1, p. 638.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 51 - NATUROPATHIC MEDICINE LICENSING › Section 54-5110 - CERTAIN ACTS PROHIBITED.

54-5110. CERTAIN ACTS PROHIBITED. It shall be unlawful and a misdemeanor for any person to engage in any of the following acts:
(1) To practice, attempt, or offer to practice naturopathic medicine as defined in this chapter without a valid, unexpired, unrevoked, and unsuspended license issued under this chapter; or
(2) To represent oneself as licensed to practice naturopathic medicine under this chapter or to use the title or designation "licensed naturopathic physician," "physician of naturopathic medicine," "naturopathic medical doctor," or "NMD," unless such person is so licensed. The use of the term "naturopath," "naturopathic doctor," or "ND" by persons not licensed under this chapter shall not be restricted.
(3) This section shall take effect on July 1, 2020.
History:
[54-5110, added 2019, ch. 208, sec. 1, p. 638.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 51 - NATUROPATHIC MEDICINE LICENSING › Section 54-5111 - PREEMPTION OF LOCAL REGULATION.

54-5111. PREEMPTION OF LOCAL REGULATION. Beginning July 1, 2020, licensure of naturopathic medical doctors shall occur pursuant only to this chapter.
History:
[54-5111, added 2019, ch. 208, sec. 1, p. 639.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 52 - IDAHO CONTRACTOR REGISTRATION ACT › Section 54-5201 - SHORT TITLE.

54-5201. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Contractor Registration Act."
History:
[54-5201, added 2005, ch. 153, sec. 1, p. 471.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 52 - IDAHO CONTRACTOR REGISTRATION ACT › Section 54-5202 - DECLARATION OF POLICY.

54-5202. DECLARATION OF POLICY. The legislature finds and declares that the practice of construction in the state of Idaho affects the public health, safety and welfare of its citizens. The legislature further finds that it is in the public interest to provide a mechanism to remove from practice incompetent, dishonest, or unprincipled practitioners of construction. To aid in fulfilling these purposes, this chapter provides for the registration of construction contractors within the state of Idaho.
History:
[54-5202, added 2005, ch. 153, sec. 1, p. 471.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 52 - IDAHO CONTRACTOR REGISTRATION ACT › Section 54-5203 - DEFINITIONS.

54-5203. DEFINITIONS. As used in this chapter:
(1) "Board" means the Idaho contractors board as created in section 54-5206, Idaho Code.
(2) "Construction" means the performance of building, altering, repairing, adding to, subtracting from, improving, reconstructing, moving, excavating, wrecking or demolishing any building, highway, road, bridge, or other structure, project, development or improvement to real property, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith.
(3) "Contractor" means:
(a) Any person who in any capacity undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to, or does himself or by or through others, perform construction; or
(b) A construction manager who performs construction management services.
(4) "Department" means the department of self-governing agencies of the state of Idaho.
(5) "Division administrator" means the chief administrative officer of the division of occupational and professional licenses.
(6) "Person" means any individual, firm, partnership, limited liability company, limited liability partnership, corporation, trust, association or other entity or organization capable of conducting business, or any combination thereof acting as a unit.
History:
[54-5203, added 2005, ch. 153, sec. 1, p. 471; am. 2022, ch. 94, sec. 63, p. 324.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 52 - IDAHO CONTRACTOR REGISTRATION ACT › Section 54-5204 - REGISTRATION REQUIRED.

54-5204. REGISTRATION REQUIRED. (1) On and after January 1, 2006, it shall be unlawful for any person to engage in the business of, or hold himself out as, a contractor within this state without being registered as required in this chapter.
(2) It shall be unlawful for a contractor to engage any other contractor who is required by this chapter to be registered as a contractor unless such other contractor furnishes satisfactory proof to the contractor that he is duly registered under the provisions of this chapter.
(3) Any person who engages in the business or acts in the capacity of a contractor, whether or not duly registered, has thereby submitted to the jurisdiction of the state of Idaho and to the administrative jurisdiction of the Idaho contractors board, and shall be subject to all penalties and remedies available under Idaho law for any violation of this chapter.
History:
[54-5204, added 2005, ch. 153, sec. 1, p. 472.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 52 - IDAHO CONTRACTOR REGISTRATION ACT › Section 54-5207 - GENERAL POWERS AND DUTIES OF THE BOARD.

54-5207. GENERAL POWERS AND DUTIES OF THE BOARD. The board shall enforce the minimum standards and requirements as provided by this chapter and by rule adopted by the board. The board may exercise such powers and duties as are reasonably necessary to carry out the provisions of this chapter and it may, among other things:
(1) Accept or reject applications for registration and establish the fees to be charged for application, registration and renewal, subject to the provisions of this chapter;
(2) Hold public meetings and attend or be represented at such meetings, within or without the state, prepare and publish rules pertaining to this chapter and such other information as may be necessary, and furnish copies thereof to those engaged in the business, trade, practice or work of contracting and to the public upon request;
(3) Furnish standards and procedures and prescribe reasonable rules for applications, qualifications and registration of contractors, including proration of registration fees and staggering initial annual registration;
(4) Under such rules as it may adopt, investigate, classify and determine the qualifications of applicants for registration pursuant to this chapter; and
(5) Contract with the division of occupational and professional licenses to provide administrative services.
History:
[54-5207, added 2005, ch. 153, sec. 1, p. 475; am. 2022, ch. 94, sec. 64, p. 324; am. 2023, ch. 218, sec. 17, p. 639.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 52 - IDAHO CONTRACTOR REGISTRATION ACT › Section 54-5208 - DENIAL OF LIEN RIGHTS.

54-5208. DENIAL OF LIEN RIGHTS. A contractor who is not registered as set forth in this chapter, unless otherwise exempt, shall be denied and shall be deemed to have conclusively waived any right to place a lien upon real property as provided for in chapter 5, title 45, Idaho Code. This section shall not operate as a denial of lien rights for any subcontractor or independent contractor who is duly registered in accordance with this chapter and who is performing services at the direction of another contractor, nor shall it operate as a denial of lien rights for any employee of any contractor who is not duly registered, or for any supplier of materials to such unregistered contractor, so long as such subcontractor, independent contractor, employee or supplier did not have actual knowledge that such contractor was not duly registered, or who reasonably believed that such contractor was duly registered.
History:
[54-5208, added 2005, ch. 153, sec. 1, p. 476.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 52 - IDAHO CONTRACTOR REGISTRATION ACT › Section 54-5209 - BUILDING PERMITS AND CONTRACTOR REGISTRATION NUMBER — POSTING AT SITE.

54-5209. BUILDING PERMITS AND CONTRACTOR REGISTRATION NUMBER — POSTING AT SITE. (1) On and after January 1, 2006, no building inspector or such other authority of any county, municipality or district charged with the duty of issuing building permits or other permits for construction of any type shall issue any permit without first requesting presentment of an Idaho contractor’s registration number. Such registration number presented shall be conspicuously entered on the face of a permit so issued; provided however, a permit may be issued to a person otherwise exempt from the provisions of this chapter provided such permit shall conspicuously contain the phrase "no contractor registration provided" on the face of such permit. No authority charged with the duty of issuing such permit shall be required to verify that the person applying for such permit is exempt as provided in this chapter.
(2) All building permits or other permits for construction of any type shall be posted at the construction site in such a manner that the conspicuous statements set forth in subsection (1) of this section are visible.
(3) No person engaged in construction activities who is otherwise exempt as set forth in section 54-5205, Idaho Code, shall be required to have a contractor registration number.
History:
[54-5209, added 2005, ch. 153, sec. 1, p. 476.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 52 - IDAHO CONTRACTOR REGISTRATION ACT › Section 54-5210 - APPLICATION FOR REGISTRATION.

54-5210. APPLICATION FOR REGISTRATION. (1) An applicant for registration as a contractor shall submit an application under oath upon a form to be prescribed by the board and which shall include the following information pertaining to the applicant:
(a) Social security number for natural persons or employer tax identification number for other persons;
(b) The name and address under which the applicant conducts business;
(c) The name and address of each principal, member, partner, shareholder, or any other person claiming an ownership interest in the business entity for which registration is being applied for;
(d) A certificate issued by an insurance company authorized to do business in the state of Idaho or other satisfactory proof that the applicant has procured and has in effect worker’s compensation insurance or a statement by the contractor as to why such certificate or coverage is not required for the applicant;
(e) A certificate issued by an insurance company authorized to do business in the state of Idaho that the applicant has procured and has in effect a general liability policy, including products and completed operations insurance covering the applicant’s construction operations in the sum of not less than three hundred thousand dollars ($300,000) single limit. The name of the insurance company, the insured and policy number shall be made available only to persons or their insurers stating that they possess a claim against the contractor;
(f) A statement of the type of construction to be undertaken by the applicant, or such other information as may be required by the board pursuant to administrative rules adopted by the board; and
(g) A statement that the applicant and each principal, member, partner, shareholder or any other person claiming an ownership interest in the business entity for which registration is being applied for herein has never been denied, surrendered or had revoked a contractor’s license or registration privilege in this or any other state or, if a license or registration privilege has been denied, surrendered or revoked in this or any other state, an explanation of any such denial, surrender or revocation.
(2) Along with such application, the applicant shall submit a registration fee as may be set by the board to cover its administrative and enforcement costs, not to exceed one hundred fifty dollars ($150) per year.
(3) An application for registration that has been denied by the board shall be considered a contested case as provided for in chapter 52, title 67, Idaho Code, and shall be subject to the provisions of that chapter as well as the administrative rules adopted by the board governing contested cases.
History:
[54-5210, added 2005, ch. 153, sec. 1, p. 476; am. 2009, ch. 89, sec. 1, p. 258.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 52 - IDAHO CONTRACTOR REGISTRATION ACT › Section 54-5211 - REGISTRATION — INACTIVE STATUS — RENEWAL.

54-5211. REGISTRATION — INACTIVE STATUS — RENEWAL. (1) A registration shall be issued for a period of not less than one (1) year nor more than five (5) years, as determined by the board. Each registration shall set forth its expiration date on the face of the certificate. No less than thirty (30) days prior to the expiration of such registration, the board shall notify a registered contractor that such registration is set to expire.
(2) A registered contractor in this state who is not engaging in business as a contractor as defined in this chapter may be issued an inactive registration. The registered contractor must submit the fee set by board rule and a written request for an inactive registration. Each inactive registration shall be issued for a period of one (1) year. A registered contractor holding an inactive registration may not engage in business as a contractor in this state and does not need to keep current insurance coverage as required by this chapter. A registered contractor wishing to convert an inactive registration to an active registration must pay the fee as defined by board rule and provide proof of current insurance coverage as required by this chapter.
(3) Reinstatement of a lapsed registration shall require the payment of a renewal fee and reinstatement fee in accordance with the administrative rules adopted by the board. The failure of any registered contractor to renew his registration as required herein and by the administrative rules of the board shall not deprive such person of the right to renewal upon subsequent application for registration and payment of the required board fees.
History:
[54-5211, added 2005, ch. 153, sec. 1, p. 477; am. 2020, ch. 320, sec. 1, p. 919.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 52 - IDAHO CONTRACTOR REGISTRATION ACT › Section 54-5212 - DISPOSITION OF RECEIPTS — EXPENSES.

54-5212. DISPOSITION OF RECEIPTS — EXPENSES. All fees received under the provisions of this chapter shall be paid to the division of occupational and professional licenses and deposited in the state treasury to the credit of the occupational licenses fund and all costs and expenses incurred under the provisions of this chapter shall be a charge against and paid from said fund.
History:
[54-5212, added 2005, ch. 153, sec. 1, p. 477; am. 2022, ch. 94, sec. 65, p. 325.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 52 - IDAHO CONTRACTOR REGISTRATION ACT › Section 54-5213 - RECIPROCAL REGISTRATION.

54-5213. RECIPROCAL REGISTRATION. (1) On and after January 1, 2007, no incorporated municipality, county, alternative form of local government, or other municipal or political corporation or subdivision of this state shall implement its own program for the registration or licensure of construction contractors.
(2) A contractor may provide a verified copy of any current and unrestricted license, registration, or other type of certification granted to the contractor by any incorporated municipality, county, alternative form of local government, or other municipal or political corporation or subdivision of this state issued pursuant to a duly adopted and enacted ordinance prior to January 1, 2007, to the board for review, along with a reciprocal registration fee not to exceed fifty dollars ($50.00), as determined by board rule, which is necessary for the administration and processing of such application. If the review indicates that the license, registration or certification was granted under provisions that were not less stringent than those provided by this chapter, the applicant shall be issued a registration based upon reciprocal registration.
History:
[54-5213, added 2005, ch. 153, sec. 1, p. 478; am. 2007, ch. 183, sec. 1, p. 531.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 52 - IDAHO CONTRACTOR REGISTRATION ACT › Section 54-5214 - REGISTRATION CERTIFICATE — DISPLAY

54-5214. REGISTRATION CERTIFICATE — DISPLAY . (1) Upon receipt of a duly completed application, together with the registration fee, and after such verification process as the board may from time to time deem appropriate by rule, a certificate of registration and a wallet-sized card showing the registrant’s name and showing a registration number shall be issued, commencing on the date of issue and continuing in effect for a period of not less than one (1) year nor more than five (5) years, as determined by the board. Application for renewal of registration shall be filed on or before thirty (30) days prior to the expiration date. The board shall issue a certificate of registration to an applicant upon the applicant’s compliance with the registration requirements of this chapter. Certificates shall not be assignable nor transferable. Upon any change of ownership or a change of address of a registered contractor entity, the board shall be notified by such entity within thirty (30) days. A certificate of registration, without the payment of a registration fee, shall be issued to any person who is granted a public works contractor license or a construction manager license, so long as those requirements for licensure in Idaho are met.
(2) A contractor registered pursuant to this chapter shall prominently display his contractor registration number for public view in his place of business, on advertising, contracts, permits, company or business letterheads, and purchase orders and subcontracts within sixty (60) days of issue of registration.
History:
[54-5214, added 2005, ch. 153, sec. 1, p. 478.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 52 - IDAHO CONTRACTOR REGISTRATION ACT › Section 54-5216 - REINSTATEMENT OF REGISTRATION AFTER DISCIPLINE.

54-5216. REINSTATEMENT OF REGISTRATION AFTER DISCIPLINE. The board may reinstate a suspended or revoked registration upon a showing that:
(1) The grounds for such suspension or revocation have been eliminated;
(2) Such a violation is not likely to reoccur in the future; and
(3) The public interest is not jeopardized by reinstating the registration.
History:
[54-5216, added 2005, ch. 153, sec. 1, p. 480.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 52 - IDAHO CONTRACTOR REGISTRATION ACT › Section 54-5217 - PENALTIES.

54-5217. PENALTIES. (1) Any person acting in the capacity of a contractor within the meaning of this chapter without a current registration as herein required shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail for a term not to exceed six (6) months, or by both such fine and imprisonment, in the discretion of the court.
(2) No person engaged in the business or acting in the capacity of a contractor, unless otherwise exempt, may bring or maintain any action in any court of this state for the collection of compensation for the performance of any act or contract for which registration is required by this chapter without alleging and proving that he was a duly registered contractor, or that he was otherwise exempt as provided for in this chapter, at all times during the performance of such act or contract.
History:
[54-5217, added 2005, ch. 153, sec. 1, p. 480.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 52 - IDAHO CONTRACTOR REGISTRATION ACT › Section 54-5218 - ATTORNEY GENERAL — PROSECUTING ATTORNEY.

54-5218. ATTORNEY GENERAL — PROSECUTING ATTORNEY. It shall be the right and duty of the attorney general or the prosecuting attorneys of the various counties to represent and appear for the people of the state of Idaho and the department in all actions and proceedings involving any question under this chapter or under any order or act of the board and to perform such other services as are required.
History:
[54-5218, added 2005, ch. 153, sec. 1, p. 480.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 52 - IDAHO CONTRACTOR REGISTRATION ACT › Section 54-5219 - SEVERABILITY.

54-5219. SEVERABILITY. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.
History:
[54-5219, added 2005, ch. 153, sec. 1, p. 480.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 53 - IDAHO LIQUEFIED PETROLEUM GAS PUBLIC SAFETY ACT › Section 54-5301 - SHORT TITLE.

54-5301. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Liquefied Petroleum Gas Public Safety Act."
History:
[(54-5301) 54-5101, added 2005, ch. 143, sec. 1, p. 441; am. and redesig. 2006, ch. 16, sec. 8, p. 51.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 53 - IDAHO LIQUEFIED PETROLEUM GAS PUBLIC SAFETY ACT › Section 54-5302 - DECLARATION OF POLICY.

54-5302. DECLARATION OF POLICY. (1) In order to protect the public health, safety and welfare, every person practicing or offering to practice as a liquefied petroleum gas dealer as herein defined shall submit evidence of meeting such education, experience and examination qualifications as hereinafter provided and be licensed in accordance with the provisions of this chapter.
(2) In order to protect the public health, safety and welfare, it shall be unlawful to own or operate any facility engaged in liquefied petroleum gas facility operation unless such facility is licensed in accordance with the provisions of this chapter.
(3) Every person so licensed and every facility so licensed shall maintain prescribed standards of competence, conduct and operation, and shall annually renew said license in order to continue such practice or operation. This chapter shall be liberally construed to promote the public interest and to accomplish the purpose stated herein.
(4) Notwithstanding any other provisions of law pertaining to the installation of plumbing and heating, ventilation, and air conditioning systems, and except as provided in section 54-5305, Idaho Code, the provisions of this chapter shall govern all persons and entities engaged in the outdoor installation of any liquefied petroleum gas storage tank, or outdoor piping from the storage tank through the second stage regulator.
History:
[(54-5302) 54-5102, added 2005, ch. 143, sec. 1, p. 441; am. and redesig. 2006, ch. 16, sec. 9, p. 52; am. and redesig. 2006, ch. 110, sec. 1, p. 303.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 53 - IDAHO LIQUEFIED PETROLEUM GAS PUBLIC SAFETY ACT › Section 54-5303 - DEFINITIONS.

54-5303. DEFINITIONS. (1) "Board" means the liquefied petroleum gas safety board.
(2) "Department" means the department of self-governing agencies.
(3) "Division" means the division of occupational and professional licenses.
(4) "Good moral character" means the absence of any behavior that violates accepted standards of the community including, but not limited to:
(a) Conviction or plea of guilty to a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code;
(b) Habitual use of drugs or intoxicants to such a degree as to render a person unfit and unreliable to practice;
(c) Revocation or suspension or other restriction of any license or certificate in any state in the previous five (5) years; and
(d) Failure to pay final judgments in any state in the previous seven (7) years.
(5) "License" means a physical document issued by the division certifying that a person or facility has met the appropriate qualifications and has been granted the authority to practice or operate in Idaho under the provisions of this chapter.
(6) "Liquefied petroleum gas" or "LPG" or "LP-Gas" means any material that is composed predominantly of or by the mixture of any of the following hydrocarbons: propane, propylene, butanes, isobutanes and butylenes.
(7) "LPG facility" means any facility at a fixed location licensed pursuant to this chapter whose activities include selling, filling, refilling, or commercial handling or commercial storage of LPG.
(8) "LPG dealer" means any person licensed pursuant to this chapter who engages in LPG dealer practice.
(9) "LPG dealer practice" means a person engaging in the selling, filling, refilling, transporting, delivering, or commercial handling of LPG, or engaging in the installation or maintenance of systems, equipment, pipes or containers for the use or storage of LPG.
(10) "LPG code" means the liquefied petroleum gas code adopted by the national fire protection association, inc., commonly known as NFPA 58.
History:
[(54-5303) 54-5103, added 2005, ch. 143, sec. 1, p. 442; am. and redesig. 2006, ch. 16, sec. 10, p. 52; am. 2020, ch. 175, sec. 37, p. 543; am. 2022, ch. 94, sec. 66, p. 325.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 53 - IDAHO LIQUEFIED PETROLEUM GAS PUBLIC SAFETY ACT › Section 54-5304 - LICENSE REQUIRED — BUSINESS ENTITIES — NAME AND ADDRESS CHANGE.

54-5304. LICENSE REQUIRED — BUSINESS ENTITIES — NAME AND ADDRESS CHANGE. (1) It shall be unlawful for any person to practice or to offer to engage in any practice governed by this chapter, or display a sign or in any other way advertise or represent oneself as a person who engages in such practices, unless duly licensed in accordance with this chapter. The license shall be posted in the person’s established place of business or carried upon the person, and shall be presented upon demand as proof of licensing.
(2) A person, corporation, partnership, trust, association or other legal entity may maintain an established facility for engaging in an operation governed by this chapter, provided that such facility is properly licensed pursuant to this chapter. No person, corporation, partnership, trust, association or other legal entity may operate or conduct business under an assumed business name unless such operation or business is registered in accordance with the rules of the board.
(3) All holders of individual or facility licenses shall notify the board in writing of any change of address of office or established place of business within thirty (30) days of such change.
(4) All holders of individual or facility licenses shall report to the board and provide official documentation of any name change within thirty (30) days after the change becomes final.
History:
[(54-5304) 54-5104, added 2005, ch. 143, sec. 1, p. 442; am. and redesig. 2006, ch. 16, sec. 11, p. 53.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 53 - IDAHO LIQUEFIED PETROLEUM GAS PUBLIC SAFETY ACT › Section 54-5305 - EXEMPTIONS.

54-5305. EXEMPTIONS. (1) The provisions of this chapter shall not apply to persons or entities engaging in the activities of selling, filling, refilling, transporting, delivering, or the commercial handling of natural gas or petroleum distillates, or persons engaging in the installation or maintenance of equipment used in the selling or handling or use of natural gas or petroleum distillates.
(2) The provisions of this chapter shall not apply to persons engaged in the dispensing of LPG into portable containers.
(3) The provisions of this chapter shall not apply to facilities engaged in the sale or exchange of portable containers possessing LPG.
History:
[(54-5305) 54-5105, added 2005, ch. 143, sec. 1, p. 443; am. and redesig. 2006, ch. 16, sec. 12, p. 53.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 53 - IDAHO LIQUEFIED PETROLEUM GAS PUBLIC SAFETY ACT › Section 54-5306 - LICENSING OF APPLICANTS — ENDORSEMENT.

54-5306. LICENSING OF APPLICANTS — ENDORSEMENT. (1) The board shall issue a license to each applicant who submits the required information on an application form provided by the board together with the supporting documentation and the required fees, and who demonstrates to the satisfaction of the board that the applicant meets the education, experience, and examination requirements, or the facility requirements, of this chapter and the rules adopted thereto.
(2) Whenever the board determines that another state or country has licensing requirements substantially equivalent to or higher than those in effect pursuant to this chapter, the board may, upon receipt of the required application, supporting documentation, and required fee, issue licenses to applicants who hold current, unsuspended, unrevoked or otherwise nonsanctioned licenses in such other state or country. The board, in its discretion, may require by rule that applicants who received their professional education or experience outside of the United States provide additional information to the board concerning such professional education or experience. The board may also, in its discretion, require successful completion of additional course work or examination.
History:
[(54-5306) 54-5106, added 2005, ch. 143, sec. 1, p. 443; am. and redesig. 2006, ch. 16, sec. 13, p. 53.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 53 - IDAHO LIQUEFIED PETROLEUM GAS PUBLIC SAFETY ACT › Section 54-5307 - QUALIFICATIONS FOR A DEALER’S LICENSE.

54-5307. QUALIFICATIONS FOR A DEALER’S LICENSE. Except as herein otherwise provided, the following shall be considered minimum requirements for a dealer’s license. All applicants shall:
(1) Provide verification acceptable to the board of:
(a) Being at least eighteen (18) years of age; and
(b) Never having had a license revoked or otherwise sanctioned as part of disciplinary action from this or any other state; and
(c) Never having been convicted of, found guilty of, or received a withheld judgment or suspended sentence in this state or in any other state for any crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code; and
(d) Never having been found by the board to have engaged in conduct prohibited by this chapter.
The board may take into consideration the rehabilitation of the applicant and other mitigating circumstances when considering applications for a license.
(2) Provide documentation satisfactory to the board that the applicant has successfully completed a certified educational training program approved by the board.
(3) Provide documentation satisfactory to the board that the applicant has successfully completed such experience as may be required by the board.
(4) Provide documentation that the applicant has successfully passed an examination approved by the board.
(5) Prior to July 1, 2006, the board may deem other education, experience, or examinations equivalent to the licensing requirements set forth in this chapter, provided that the board is satisfied, and the applicant provides documentation acceptable to the board that such applicant has:
(a) Documented experience in this state prior to July 1, 2005, in the LPG industry; and
(b) Practiced for not less than five (5) years in the field for which such applicant is applying for a license; and
(c) Applied for a license prior to July 1, 2006.
History:
[(54-5307) 54-5107, added 2005, ch. 143, sec. 1, p. 443; am. and redesig. 2006, ch. 16, sec. 14, p. 54; am. 2020, ch. 175, sec. 38, p. 544; am. 2022, ch. 246, sec. 33, p. 809.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 53 - IDAHO LIQUEFIED PETROLEUM GAS PUBLIC SAFETY ACT › Section 54-5309 - IDAHO LIQUEFIED PETROLEUM GAS SAFETY BOARD.

54-5309. IDAHO LIQUEFIED PETROLEUM GAS SAFETY BOARD. (1) There is hereby established in the division of occupational and professional licenses the Idaho liquefied petroleum gas safety board and the members thereof shall be appointed by the governor. In making appointments, the governor shall give consideration to recommendations submitted by the rocky mountain propane association and from any individual residing in this state.
(2) The board shall consist of five (5) members, two (2) of whom shall be licensed dealers pursuant to the provisions of this chapter; and one (1) of whom shall be a volunteer firefighter in a rural area of the state; and one (1) of whom shall be a firefighter employed by a city fire department in the state; and one (1) of whom shall be a representative of the general public not employed or otherwise connected with the practices or operations regulated pursuant to this chapter.
(3) The members of the first board shall serve for the following terms: one (1) dealer member shall serve for one (1) year; one (1) firefighter member shall serve for two (2) years; one (1) dealer member shall serve for three (3) years; and one (1) firefighter member and the public member shall each serve for four (4) years. Each member shall serve from the effective date of appointment or until a successor is duly appointed and qualified. Upon the expiration of the term of any member of the board, the governor shall appoint the subsequent member for a term of four (4) years. No member shall be appointed for more than two (2) successive terms.
(4) Board members shall serve at the pleasure of the governor.
(5) Three (3) members of the board shall constitute a quorum, and may exercise all the power and authority conferred on the board.
(6) The members shall meet annually and elect from among the members by majority vote of those present a chairman who shall serve for one (1) year.
(7) The board shall meet no less than annually at such times and at such places as may be specified by the chairman or by the written request of at least two (2) members.
(8) Each member of the board shall be compensated as provided in section 59-509(n), Idaho Code.
History:
[(54-5309) 54-5109, added 2005, ch. 143, sec. 1, p. 445; am. and redesig. 2006, ch. 16, sec. 16, p. 56; am. 2007, ch. 198, sec. 2, p. 604; am. 2010, ch. 158, sec. 1, p. 332; am. 2016, ch. 340, sec. 45, p. 964; am. 2021, ch. 222, sec. 38, p. 650.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 53 - IDAHO LIQUEFIED PETROLEUM GAS PUBLIC SAFETY ACT › Section 54-5310 - POWERS AND DUTIES OF THE BOARD.

54-5310. POWERS AND DUTIES OF THE BOARD. The powers and duties of the board are as follows, to:
(1) Authorize all disbursements necessary to carry out the provisions of this chapter;
(2) Approve and administer qualifying examinations to test the knowledge and competence of applicants for a license;
(3) Supervise the approval and issuance of licenses as provided in this chapter, and to license persons who apply to the board and who are qualified pursuant to this chapter;
(4) Renew licenses to persons who apply to the board and who are qualified pursuant to this chapter;
(5) Accept complaints and conduct investigations concerning alleged violations of the provisions of this chapter;
(6) Require and conduct inspections of facilities licensed pursuant to this chapter;
(7) Conduct disciplinary proceedings and take such action as may be appropriate for any violation of this chapter;
(8) Authorize, by written agreement, the division of occupational and professional licenses as agent to act in its interest;
(9) Impose reasonable costs, investigative expenses and attorney’s fees incurred in enforcing the provisions of this chapter upon a licensee found to have violated one (1) or more provisions of this chapter;
(10) Enforce all provisions of this chapter and board rules including, but not limited to, issuing subpoenas, and obtaining restraining orders and injunctions prohibiting conduct in violation of the provisions of this chapter; and
(11) Make and publish rules not inconsistent with the laws of this state which are necessary to carry out the provisions of this chapter. The rules relating to safety in the storage, distribution, dispensing, transporting and utilization of LPG in this state and in the manufacture, fabrication, assembly, sale, installation and use of LPG systems, piping, containers, apparatus or appliances shall be just and reasonable and shall conform, except as established by board rule, to the standards of the LPG code relating to the design, construction, installation and use of systems, piping, containers, apparatus, appliances and pertinent equipment for the storage, transportation, dispensation and utilization of LPG.
History:
[(54-5310) 54-5110, added 2005, ch. 143, sec. 1, p. 446; am. and redesig. 2006, ch. 16, sec. 17, p. 56; am. 2022, ch. 94, sec. 68, p. 327.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 53 - IDAHO LIQUEFIED PETROLEUM GAS PUBLIC SAFETY ACT › Section 54-5311 - DENIAL OR ISSUANCE OF LICENSES.

54-5311. DENIAL OR ISSUANCE OF LICENSES. (1) The board shall approve or disapprove all applications, and in the event an application is disapproved, the board shall promptly return to the applicant the license fee. Within fifteen (15) days after the denial of a license, the board shall notify the applicant of the denial and specify the reasons for the denial.
(2) If the applicant is qualified for licensing pursuant to the provisions of this chapter, the board shall approve the application and issue a license for the appropriate classification according to section 54-5312, Idaho Code.
(3) If the application for a facility license is complete and meets the provisions of this chapter, and the applicant attests that the equipment used at the facility complies with the minimum safety standards established by the board, the board shall approve the application and issue a license for the appropriate classification according to section 54-5312, Idaho Code.
History:
[(54-5311) 54-5111, added 2005, ch. 143, sec. 1, p. 446; am. and redesig. 2006, ch. 16, sec. 18, p. 57.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 53 - IDAHO LIQUEFIED PETROLEUM GAS PUBLIC SAFETY ACT › Section 54-5312 - CLASSIFICATIONS OF LICENSES.

54-5312. CLASSIFICATIONS OF LICENSES. For the purpose of administering the provisions of this chapter, the board may issue licenses in such types and classifications as may be necessary and as determined by board rule. Such license types may include, but not be limited to:
(1) An LPG dealer;
(2) An LPG facility;
(3) Any other licenses for persons, businesses or facilities engaged in activities regulated under this chapter that the board determines require a license and are not otherwise exempt under the provisions of this chapter.
History:
[(54-5312) 54-5112, added 2005, ch. 143, sec. 1, p. 447; am. and redesig. 2006, ch. 16, sec. 19, p. 58.]