reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-231 - HEARINGS AND APPEAL — SCOPE OF PROVISIONS.

41-231. HEARINGS AND APPEAL — SCOPE OF PROVISIONS. Except as otherwise provided in title 41, Idaho Code, and to the extent not inconsistent therewith, chapter 52, title 67, Idaho Code, shall apply as to all hearings and as to all appeals from the director relative to any matter treated in this code.
History:
[41-231, added 1961, ch. 330, sec. 48, p. 645; am. 2005, ch. 77, sec. 1, p. 258.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-232 - HEARINGS IN GENERAL.

41-232. HEARINGS IN GENERAL. (1) The director may hold a hearing which he deems necessary for any purpose within the scope of this code.
(2) The director shall hold a hearing:
(a) If required by any provision of this code; or
(b) Upon written demand for a hearing by a person aggrieved by any act, threatened act or failure of the director to act, or by any report, rule, regulation or order of the director (other than an order for the holding of a hearing, or an order on a hearing of which hearing such person had actual notice or pursuant to such order).
(3) Any such demand for a hearing shall summarize the information and grounds to be relied upon as a basis for the relief to be sought at the hearing.
(4) The director shall hold such demanded hearing within thirty (30) days after his receipt of the demand, unless postponed by mutual consent. Failure to hold the hearing shall constitute a denial of the relief sought, and shall be the equivalent of an order on hearing for the purpose of an appeal.
(5) In any administrative proceeding of the director where a hearing is otherwise authorized or required by law, if a party with respect to whom the hearing is to be held waives the hearing in writing, or fails to plead, or to defend or prosecute, as the case may be, and that fact is made known to the director by affidavit or otherwise, the right of hearing shall be deemed to have been waived, and, any other provision of this code to the contrary notwithstanding, without holding or concluding a hearing the director may, upon satisfactory proof of service of the petition or complaint upon such a party, enter an order which shall be as lawful as to such party as if all allegations in the petition or complaint relative to or concerning such party were proved or admitted at a hearing. For good cause shown, the director may, in his discretion, set aside any order so entered, and the proceedings may continue as if no waiver or default had existed.
History:
[41-232, added 1961, ch. 330, sec. 49, p. 645; am. 1972, ch. 369, sec. 4, p. 1072; am. 2019, ch. 161, sec. 7, p. 535.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-232A - HEARINGS UPON THE DENIAL, NONRENEWAL, SUSPENSION OR REVOCATION OF A CERTIFICATE OF AUTHORITY OR LICENSE OR IMPOSITION OF ADMINISTRATIVE PENALTIES.

41-232A. HEARINGS UPON THE DENIAL, NONRENEWAL, SUSPENSION OR REVOCATION OF A CERTIFICATE OF AUTHORITY OR LICENSE OR IMPOSITION OF ADMINISTRATIVE PENALTIES. (1) In the event the director denies an applicant’s application for a certificate of authority or for a license, the director shall notify the applicant in writing of the basis for the denial. Within twenty-one (21) days of the issuance of the notice of denial, the applicant may submit to the director a written request for a hearing before the director or his duly appointed representative addressing the basis for the denial of the application and requesting that the director reexamine the applicant’s qualifications for a certificate of authority or a license. An applicant’s failure to request a hearing in writing within twenty-one (21) days of the issuance of the notice of denial shall be deemed a waiver of the opportunity for hearing.
(2) Except as otherwise provided in title 41 and chapter 52, title 67, Idaho Code, prior to the director’s nonrenewal, suspension or revocation of a certificate of authority or license or imposition of any administrative penalty, the director shall provide the insurer or licensee, and any appointing insurers that have appointed the licensee as an agent, with advance written notice of the nature of the violations alleged or the charges pending against the insurer or licensee and affording the insurer or licensee an opportunity for a hearing thereon. Within twenty-one (21) days of the issuance of the notice of violations or charges, the insurer or licensee may submit to the director a written request for a hearing before the director or his duly appointed representative addressing the alleged violations and charges pending against the insurer or licensee. An insurer’s or licensee’s failure to request a hearing or otherwise dispute the notice in writing within twenty-one (21) days of the issuance of the notice of violations or charges shall be deemed a waiver of the opportunity for hearing.
(3) All hearings under this section shall be conducted in accordance with the provisions set forth in this chapter and chapter 52, title 67, Idaho Code.
History:
[41-232A, added 2006, ch. 49, sec. 1, p. 141.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-234 - PLACE OF HEARING — ADMISSION OF PUBLIC.

41-234. PLACE OF HEARING — ADMISSION OF PUBLIC. The hearing shall be held at the place designated by the director, and at his discretion it may be open to the public.
History:
[41-234, added 1961, ch. 330, sec. 51, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-235 - NOTICE OF HEARING.

41-235. NOTICE OF HEARING. (1) Except where a longer period of notice is provided by other provisions of this code relative to particular matters, not less than fourteen (14) days in advance the director shall give notice of the time and place of the hearing, stating the matters to be considered thereat. If the persons to be given notice are not specified in the provision pursuant to which hearing is held, the director shall give such notice to all persons whose pecuniary interests are to be directly and immediately affected by such hearing.
(2) If any such hearing would otherwise require separate notices to more than one hundred (100) persons, in lieu of the notice required under such subsection the director may give notice of the hearing by publishing the notice in at least three (3), but not to exceed five (5), daily newspapers, at least once each week during the four (4) weeks immediately preceding the week in which the hearing is to be held. The director shall select such newspapers, as to location and circulation, as he deems necessary to give adequate opportunity of notice to such persons as should receive notice of the hearing. The published notice shall state the time and place of the hearing and shall specify the matters to be considered thereat. At the time of first publication the director shall mail to every advisory organization which has filed with him pursuant to section 41-1425, Idaho Code, a copy of the published notice if the proposed hearing would affect any interest of the members of such advisory organization.
(3) All such notices, other than published notices, shall be given as provided in section 41-212, Idaho Code.
History:
[41-235, added 1961, ch. 330, sec. 52, p. 645; am. 2005, ch. 77, sec. 3, p. 258.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-236 - SHOW CAUSE NOTICE.

41-236. SHOW CAUSE NOTICE. If any person is entitled to a hearing by any provision of the insurance code before any proposed action is taken, the notice of the proposed action may be in the form of a notice to show cause stating that the proposed action may be taken, unless such person shows cause at a hearing to be held as specified in the notice why the proposed action should not be taken, and stating the basis of the proposed action.
History:
[41-236, added 1961, ch. 330, sec. 53, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-237 - ADJOURNED HEARING.

41-237. ADJOURNED HEARING. The director may adjourn any hearing from time to time and from place to place without other notice of the adjourned hearing than announcement thereof at the hearing.
History:
[41-237, added 1961, ch. 330, sec. 54, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-238 - NONATTENDANCE.

41-238. NONATTENDANCE. The validity of any hearing held in accordance with the notice thereof shall not be affected by failure of any person to attend or to remain in attendance.
History:
[41-238, added 1961, ch. 330, sec. 55, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-240 - ORDER ON HEARING.

41-240. ORDER ON HEARING. (1) In the conduct of hearings under this code and making his order thereon, the director shall act in a quasi-judicial capacity.
(2) Within thirty (30) days after termination of a hearing and completion of the transcript, if any, or of any rehearing thereof or reargument thereon, or within such other period as may be specified in this code as to particular proceedings, the director shall make his order on hearing and, subject to subsection (5) below, shall give a copy of the order to each person to whom notice of the hearing was given or required to be given and to any other person who became a party to the hearing by intervention.
(3) The order shall contain a concise statement of the facts as found by the director, and of his conclusions therefrom, and the matters required by section 41-212 (orders, notices).
(4) The order may confirm, modify, or nullify action taken under an existing order, or may constitute the taking of any new action coming within the scope of the notice of the hearing.
(5) If notice of the hearing was given by publication as provided for in section 41-235 the director may publish the order on hearing once each week for four (4) consecutive weeks in the same newspapers in which such notice was published, the first such publication to be made on the date of the order. Publication of the order shall be in lieu of the giving of copies of the order as required under subsection (2) above. At time of first publication the director shall mail to every advisory organization which has filed with him pursuant to section 41-1425, a copy of the published order if the order would affect any interest of members of such advisory organization.
History:
[41-240, added 1961, ch. 330, sec. 57, p. 645.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-247 - INQUIRY POWERS OF DIRECTOR.

41-247. INQUIRY POWERS OF DIRECTOR. The director shall have power to direct an inquiry in writing to any person subject to his jurisdiction with respect to any insurance transaction or matter relative to a subject of insurance resident, located, or to be performed in this state. The person to whom such an inquiry is addressed shall upon receipt thereof promptly furnish to the director all requested information which is in his possession or subject to his control.
History:
[I.C., sec. 41-247, as added by 1969, ch. 214, sec. 5, p. 625.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-248 - INTERSTATE RELATIONS.

41-248. INTERSTATE RELATIONS. If the matter that the director seeks to obtain by request is located outside the state, the person so requested may make it available to the director or his representative to examine the matter at the place where it is located. The director may designate representatives, including officials of the state in which the matter is located, to inspect the matter on his behalf, and he may respond to similar requests from officials of other states.
History:
[41-248, added 1981, ch. 23, sec. 1, p. 40.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-249 - SHARING OF INFORMATION AMONG GOVERNMENTAL AGENCIES AND THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS.

41-249. SHARING OF INFORMATION AMONG GOVERNMENTAL AGENCIES AND THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS. (1) Any document, report, or other recorded information provided to the director by any federal, state or foreign regulatory or law enforcement agency, or any combination thereof, or by the national association of insurance commissioners (NAIC), which is marked "confidential" or "for regulator use only" or by similar terms or concerning which the entity requires written assurance that the director maintain such information in confidence before the entity will release the information, may be maintained by the director on a confidential basis and is not required to be disclosed to the public.
(2) The director may provide any document, report, or other recorded information to any federal, state or foreign regulatory or law enforcement agency, or any combination thereof, or to the NAIC, which is marked "confidential" or "for regulator use only" or by similar terms or concerning which the director requires written assurance that the entity maintain such information in confidence before he will release it to such entity.
(3) The director is authorized to enter into agreements with other governments, agencies, or any combination thereof, or with the NAIC, in connection with his duties and responsibilities pursuant to this section.
(4) The application of this section shall not prevent an insurance company or producer or other licensee from obtaining information used by the department of insurance in making regulatory decisions or taking regulatory action affecting the company consistent with chapter 1, title 74, Idaho Code, and title 41, Idaho Code.
History:
[41-249, added 1994, ch. 309, sec. 1, p. 976; am. 2003, ch. 102, sec. 1, p. 322; am. 2007, ch. 281, sec. 1, p. 812; am. 2015, ch. 141, sec. 106, p. 456.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-253 - STATEMENT OF PURPOSE — ADOPTION OF INTERNATIONAL FIRE CODE.

41-253. STATEMENT OF PURPOSE — ADOPTION OF INTERNATIONAL FIRE CODE. (1) The purpose of sections 41-253 through 41-269, Idaho Code, is to protect human life from fire, and to prevent fires. These sections are intended to prescribe regulations consistent with nationally recognized good practice for the safeguarding of life and property from hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials, and devices, and from conditions hazardous to life or property in the use or occupancy of buildings or premises, and there is hereby adopted the "International Fire Code," 2000 edition, with appendices thereto, published by the International Code Council, Inc. and such later editions as may be so published and adopted by the state fire marshal, as the minimum standards for the protection of life and property from fire and explosions in the state of Idaho.
(2) A detached single family dwelling, to be constructed upon lands of five (5) acres or more outside an incorporated city and not within a designated area of city impact, shall be exempt from the water supply and access requirements of the adopted version of the International Fire Code unless a county land use or subdivision ordinance requires such compliance. A county adopted ordinance may expand the foregoing exemption applicable to detached single family dwellings by reducing the minimum parcel area requirement after first conducting a public hearing subject to public notice that complies with the requirements set forth in section 67-6509, Idaho Code, and after providing notice by mail to all fire agencies providing services to areas outside an incorporated city and not within a designated area of city impact that might be affected by any such proposal at least twenty-one (21) days prior to such public hearing.
(3) Assistants to the state fire marshal, as provided in section 41-256, Idaho Code, shall apply a reasonable interpretation to the International Fire Code as adopted by the state fire marshal, and rules of the state fire marshal, when undertaking any enforcement action.
(4) For the purposes of sections 41-253 through 41-269, Idaho Code, the "International Fire Code" shall mean the publications as adopted under subsection (1) of this section.
History:
[(41-253) 39-3501 added 1970, ch. 190, sec. 1, p. 547; am. and redesig. 1982, ch. 120, sec. 1, p. 338; am. 2002, ch. 86, sec. 5, p. 198; am. 2008, ch. 402, sec. 1, p. 1106; am. 2010, ch. 219, sec. 1, p. 492.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-254 - POWERS AND DUTIES OF STATE FIRE MARSHAL — INTERNATIONAL FIRE CODE, ENFORCEMENT AND REGULATIONS — REPORTS.

41-254. POWERS AND DUTIES OF STATE FIRE MARSHAL — INTERNATIONAL FIRE CODE, ENFORCEMENT AND REGULATIONS — REPORTS. The state fire marshal shall be appointed by the director of the department of insurance, with the approval of the governor and shall serve at the pleasure of the director. The state fire marshal shall have the following powers and duties:
1. To enforce the international fire code.
2. To prescribe regulations in addition to the international fire code as adopted, which may be deemed necessary for the prevention of fires and protection of life and property, and such regulations are to be enforced by the state fire marshal.
3. To make interpretations and rules of the intent of the various provisions of the international fire code as adopted.
4. To adopt, rescind, modify or amend rules and regulations for the exercise of functional powers and duties.
5. To transmit to the governor and legislature, on or before the 15th day of July of every year, a full report of proceedings under sections 41-253 through 41-269, Idaho Code, and such statistics as he may wish to include therein unless some other time for reporting is fixed by law, and such report shall be available to the public.
6. To make recommendations for amendments to the international fire code to be submitted to the promulgating authority for its consideration.
7. To have exclusive jurisdiction over single service integrated fire sprinkler systems. A "single service integrated fire sprinkler system" is defined as an integrated system of underground and overhead piping, valves and sprinklers used exclusively for fire protection purposes and designed in accordance with fire protection engineering standards, including the international fire code, beginning with the first connection to a public water system regardless of the existence or location of a back flow prevention device.
8. No person shall be eligible to serve as state fire marshal unless he:
(a) Has had at least twelve (12) years’ full-time paid experience with a state, city or county fire protection agency whose primary function is fire prevention and structural fire safety, including at least five (5) years’ experience in an administrative capacity as the chief agency officer; or
(b) Holds a four (4) year college degree in one of the physical sciences and has had at least five (5) years’ full-time experience in fire protection and structural fire safety with a fire protection agency; or
(c) Is a member of the American society of fire protection engineers.
History:
[(41-254) 1970, ch. 190, sec. 4, p. 547; am. 1974, ch. 39, sec. 45, p. 1023; am. and redesig. 1982, ch. 120, sec. 2, p. 338; am. 1993, ch. 43, sec. 1, p. 115; am. 1993, ch. 128, sec. 2, p. 323; am. 2002, ch. 86, sec. 6, p. 198.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-255 - DUTIES OF STATE FIRE MARSHAL.

41-255. DUTIES OF STATE FIRE MARSHAL. In addition to the duties prescribed in section 41-254, Idaho Code, the state fire marshal shall:
(1) Administer and enforce this act.
(2) Appoint, employ and discharge such deputies and other employees as in his judgment may be necessary, control their powers, prescribe their duties, and fix their compensation.
(3) Keep books, records and accounts, which shall be open to inspection and audit by the state of Idaho at all times.
(4) Purchase necessary equipment and supplies, and incur any other reasonable and necessary expense in connection with or required for the purpose of carrying out the provisions of this act.
(5) Maintain in his office a record of all fires occurring in the state, and of all the facts concerning the same, including statistics as to the extent of such fires and the damage caused thereby and whether such losses were covered by insurance, and if so, in what amount. All such records shall be public, except any testimony taken in an investigation under the provisions of this act which the state fire marshal in his discretion may withhold from the public.
(6) Establish by rule uniform training provisions for all persons acting as assistants to the state fire marshal as provided in section 41-256, Idaho Code.
History:
[(41-255) 39-3505 added 1970, ch. 190, sec. 5, p. 547; am. 1974, ch. 39, sec. 46, p. 1023; am. and redesig. 1982, ch. 120, sec. 3, p. 339; am. 2008, ch. 402, sec. 2, p. 1106.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-256 - ASSISTANTS TO STATE FIRE MARSHAL — LOCAL APPEAL PROCEDURE.

41-256. ASSISTANTS TO STATE FIRE MARSHAL — LOCAL APPEAL PROCEDURE. (1) The chief of the fire department, or his deputy, of every city or county, or fire protection district organized under state law in which a fire department is established, and in areas where no organized fire department exists the county sheriff, or his deputy, shall be assistants to the state fire marshal in carrying out the provisions of the International Fire Code and rules of the state fire marshal.
(2) Any final decision made by an assistant to the state fire marshal involving an interpretation of the International Fire Code or rules of the state fire marshal shall contain a notification to any party subject to the decision that the decision may be appealed in a local appeal procedure that is substantially similar to the one set forth in the International Fire Code or rules adopted by the state fire marshal.
History:
[(41-256) 39-3506 added 1970, ch. 190, sec. 6, p. 547; am. 1974, ch. 39, sec. 47, p. 1023; am. and redesig. 1982, ch. 120, sec. 4, p. 340; am. 1988, ch. 317, sec. 1, p. 976; am. 2002, ch. 86, sec. 7, p. 199; am. 2008, ch. 402, sec. 3, p. 1107.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-257 - STATE FIRE MARSHAL AS CHIEF ARSON INVESTIGATION OFFICER.

41-257. STATE FIRE MARSHAL AS CHIEF ARSON INVESTIGATION OFFICER. The state fire marshal shall be the chief arson investigation officer in the state, and shall have the same responsibility and power in arson investigation as a county sheriff. He shall not, however, interfere at any time in the operation or administration of any fire department or sheriff’s office except in matters of fire prevention and arson investigation when requested by the local fire jurisdiction, sheriff’s office or written and signed complaint of any person served by the local fire jurisdiction. No person, acting without malice, shall be subject to civil liability for libel or otherwise, by virtue of the filing of complaints, requests, reports or furnishing other information pursuant to this section or required by the director of the department of insurance or the state fire marshal as a result of the authority herein granted.
History:
[(41-257) 1970, ch. 190, sec. 7, p. 547; am. and redesig. 1982, ch. 120, sec. 5, p. 340.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-258 - REPORT OF LOSSES BY FIRE INSURANCE COMPANIES TO STATE FIRE MARSHAL.

41-258. REPORT OF LOSSES BY FIRE INSURANCE COMPANIES TO STATE FIRE MARSHAL. Every fire insurance company authorized to transact business in this state is hereby required to report to the office of the state fire marshal, within seven (7) days after settlement of all fire losses of one thousand dollars ($1,000) or more, on property within the state of Idaho and all fire losses resulting in death or personal injury, including those personal injury losses covered by workmen’s compensation insurance. The report shall state the date of fire, the amount of probable property loss or personal injury, the character of property destroyed or damaged, and supposed cause of the fire. The report shall be in addition to and not in lieu of any report or reports such companies may be required by any law of this state to make to any other state officer.
History:
[(41-258) 1970, ch. 190, sec. 8, p. 547; am. and redesig. 1982, ch. 120, sec. 6, p. 340.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-259 - INSPECTION OF BUILDINGS — ORDER OF REMEDY OR REMOVAL — SERVICE OF ORDER.

41-259. INSPECTION OF BUILDINGS — ORDER OF REMEDY OR REMOVAL — SERVICE OF ORDER. The state fire marshal, his deputies or assistants, upon the written and signed complaint of any person or whenever he or they shall deem it necessary, may at reasonable hours inspect buildings and premises within their jurisdiction, upon the presentation of proper credentials, except the interior of private dwellings, private garages appertaining to such residences, or buildings on farms of more than five (5) acres.
Whenever any of said officers shall find that any building or other structure which, for want of repairs, or lack of or insufficient fire escapes, automatic or other fire alarm apparatus or fire extinguishing equipment, or by reason of age or dilapidated condition, or due to violation of the International Fire Code or from any other cause, is especially liable to fire, and is so situated as to endanger life, other buildings or structures or said building or structure, he or they shall order the same to be remedied or removed, and such order shall forthwith be complied with by the owner or occupant of such premises or buildings, unless said owner or occupant avail himself of the appeals procedure set forth in this act.
The service of any such order shall be made upon the owner or occupant either by delivering to and leaving with the said person a true copy of the said order, or, by mailing such copy to the owner or occupant’s last known address. All mailings shall be registered or certified, with return receipt.
History:
[(41-259) 1970, ch. 190, sec. 9, p. 547; am. and redesig. 1982, ch. 120, sec. 7, p. 341; am. 2008, ch. 402, sec. 4, p. 1107.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-260 - APPEAL FROM ORDER OF REMEDY OR REMOVAL — APPEAL FROM LOCAL APPEAL DECISION.

41-260. APPEAL FROM ORDER OF REMEDY OR REMOVAL — APPEAL FROM LOCAL APPEAL DECISION. If an order to remedy or remove, or a local appeal decision regarding the interpretation of the International Fire Code or rules of the state fire marshal, is made by the deputies or assistants of the state fire marshal, such owner or occupant who receives the order, or a party aggrieved by a local appeal decision, may, within twenty (20) days after receipt of service of such order or local appeal decision, appeal to the state fire marshal, who shall within ten (10) days, review such order or local appeal decision and if affirmed, file his decision thereon, and unless by his authority the order or local appeal decision is revoked or modified it shall remain in full force and be complied with within the time fixed in said order, local appeal decision, or decision of the state fire marshal.
Provided, however, that any such owner, occupant or party who feels himself aggrieved by any such order or local appeal decision, or affirming of such order or local appeal decision, may within thirty (30) days after the making or affirming of any such order or local appeal decision by the state fire marshal, appeal such order or local appeal decision to the district court having jurisdiction of the property.
History:
[(41-260) 39-3510 added 1970, ch. 190, sec. 10, p. 547; am. and redesig. 1982, ch. 120, sec. 8, p. 341; am. 2008, ch. 402, sec. 5, p. 1107.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-261 - FAILURE TO COMPLY WITH ORDER OF REMEDY OR REMOVAL — FAILURE TO COMPLY WITH LOCAL DECISION OR LOCAL APPEAL DECISION — PENALTY — CIVIL ACTION TO RECOVER PENALTY.

41-261. FAILURE TO COMPLY WITH ORDER OF REMEDY OR REMOVAL — FAILURE TO COMPLY WITH LOCAL DECISION OR LOCAL APPEAL DECISION — PENALTY — CIVIL ACTION TO RECOVER PENALTY. Any owner or occupant failing to comply with such order or local decision, or local appeal decision within thirty (30) days after said appeal to the state fire marshal has been determined, or, if no appeal is taken, then within the time fixed in said order, local decision or local appeal decision shall be liable to a penalty of: ten dollars ($10.00) for each day’s neglect beginning with the first day through the seventh day; fifty dollars ($50.00) per day on the eighth through the thirtieth day; and one hundred dollars ($100) per day on the thirty-first day and each day thereafter. In the event such enforcement action is brought by the office of the state fire marshal, the penalty shall be payable to the state fire marshal, for deposit in the arson, fire and fraud prevention account. In the event such enforcement action is brought by a fire district under the authority of the state fire marshal, the penalty shall then be payable to the fire district which has prosecuted the enforcement action.
The penalty herein provided, if not then paid, may be recovered in an action brought in any court of competent jurisdiction of the county where such property is located, in the name of the state, under the direction of the state fire marshal and/or any of the assistants herein designated, where such property is located, or by an attorney specially designated therefor by the attorney general, or by the attorney for a fire district in the event such enforcement action is brought by the district. The reasonable attorney’s fees and costs incurred in bringing any such enforcement action, if any, shall be awarded to the state or the fire district bringing the enforcement action in addition to the assessment of any penalty, and shall be paid in the same manner as the penalty. If the court determines that the enforcement action has been brought frivolously or without reasonable cause, the court may award to the owner, occupant or party who is the subject of the enforcement action such reasonable attorney’s fees and costs of the defense or appeal of the enforcement action as the court determines is fair and just.
History:
[(41-261) 39-3511 added 1970, ch. 190, sec. 11, p. 547; am. and redesig. 1982, ch. 120, sec. 9, p. 342; am. 2004, ch. 266, sec. 1, p. 748; am. 2008, ch. 402, sec. 6, p. 1108.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-262 - FAILURE TO COMPLY WITH ORDER OF REMEDY OR REMOVAL — REPAIR OR DEMOLITION OF PREMISES — EXPENSE.

41-262. FAILURE TO COMPLY WITH ORDER OF REMEDY OR REMOVAL — REPAIR OR DEMOLITION OF PREMISES — EXPENSE. If any person fails to comply with the order of any officer, the state fire marshal or assistants to the state fire marshal under the preceding sections or with the order as modified on appeal as herein provided, and within the time fixed, then such officer, the state fire marshal or assistants to the state fire marshal are hereby empowered and authorized to cause such building or premises to be repaired, torn down or demolished, with the materials removed and all dangerous conditions remedied, at the expense of the person who fails to comply with such order.
History:
[(41-262) 39-3512 added 1970, ch. 190, sec. 12, p. 547; am. and redesig. 1982, ch. 120, sec. 10, p. 342; am. 2008, ch. 402, sec. 7, p. 1109.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-263 - FAILURE TO PAY EXPENSE OF REPAIR OR DEMOLITION — ASSESSMENT.

41-263. FAILURE TO PAY EXPENSE OF REPAIR OR DEMOLITION — ASSESSMENT. If, within thirty (30) days thereafter, such person shall fail, neglect or refuse to repay the expenses for demolishing or repair of said building incurred under the provisions of this act, to the state fire marshal’s office if the demolition or repair action was brought by the state fire marshal, or to a fire district if a fire district brought the demolition or repair action, the enforcing officer, state fire marshal or his assistants shall certify such expenses to the clerk of the city, fire district or county in which the property is situated, and the city, fire protection district or county shall certify to the county treasurer the amount of the assessment, which assessment shall be by said county treasurer, placed upon the tax roll and collected as other taxes, and when collected shall be refunded to the state fire marshal for deposit in the arson, fire and fraud prevention account if the demolition or repair action was brought by the state fire marshal, or to a fire district if a fire district brought the demolition or repair action.
History:
[(41-263) 39-3513 added 1970, ch. 190, sec. 13, p. 547; am. 1974, ch. 39, sec. 48, p. 1023; am. and redesig. 1982, ch. 120, sec. 11, p. 342; am. 2008, ch. 402, sec. 8, p. 1109.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-264 - INVESTIGATIVE HEARINGS — SUBPOENA OF WITNESSES — CONDUCT OF HEARING.

41-264. INVESTIGATIVE HEARINGS — SUBPOENA OF WITNESSES — CONDUCT OF HEARING. The state fire marshal or his deputies shall have the power to request the district court to subpoena witnesses and compel them to attend before them, or either of them, and to testify in relation to any matter which by the provisions of this act is subject to inquiry and investigation, and may require the production of any book, paper or document deemed pertinent or necessary to the inquiry, and shall have the power to administer oaths and affirmations to any person appearing as a witness before them. Any such hearing shall be held in the county where the property is located.
Such examination may be public or private, as the officers conducting the investigation may determine, and persons other than those required to be present may be excluded from the place where such examination is held.
If, after such examination of witnesses or any investigation, the state fire marshal or any of his deputies or assistants is of the opinion that the facts in relation to such fire indicate that a crime has been committed, the state fire marshal or any of his deputies or assistants shall present the testimony taken on such examination, together with any other data in his possession, to the prosecuting attorney of the proper county, with the request that the prosecuting attorney institute such criminal proceedings as such testimony or data may warrant.
History:
[(41-264) 1970, ch. 190, sec. 14, p. 547; am. 1970, ch. 249, sec. 1, p. 663; am. and redesig. 1982, ch. 120, sec. 12, p. 342.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-265 - WITNESS FEES — CHARGE FOR SERVICE OF PROCESS.

41-265. WITNESS FEES — CHARGE FOR SERVICE OF PROCESS. Each person summoned and testifying before the state fire marshal, his deputies or assistants, shall on the certification of the fire marshal and upon audit of the proper officer of the state, receive such sum or sums for witness fees and mileage as are provided for witnesses testifying in the district courts of this state; and officers serving subpoena and rendering other services to the state fire marshal shall be paid in like manner and amounts as they would be entitled for like service in such courts.
History:
[(41-265) 1970, ch. 190, sec. 16, p. 547; am. and redesig. 1982, ch. 120, sec. 13, p. 343.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-266 - ADMISSION OF INTERNATIONAL FIRE CODE IN EVIDENCE.

41-266. ADMISSION OF INTERNATIONAL FIRE CODE IN EVIDENCE. A copy of the international fire code, 2000 edition, or later editions and supplements adopted by the state of Idaho, shall be received in any court in this state as conclusive evidence of the contents of said code.
History:
[(41-266) 1970, ch. 190, sec. 17, p. 547; am. and redesig. 1982, ch. 120, sec. 14, p. 343; am. 2002, ch. 86, sec. 8, p. 199.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-268 - ARSON, FIRE AND FRAUD PREVENTION ACCOUNT.

41-268. ARSON, FIRE AND FRAUD PREVENTION ACCOUNT. (1) There is hereby created an account in the agency asset fund in the state treasury, to be designated the "arson, fire and fraud prevention account." The account shall be used by the director of the department of insurance for enforcement of this act, investigation of alleged cases of arson, fraud and related alleged violations of the laws of this state, and prevention of fire, explosions and other conditions necessary for the public safety, health, peace and welfare.
(2) In addition to moneys, if any, appropriated to the account by the legislature, the director shall deposit with the state treasurer for credit to the arson, fire and fraud prevention account:
(a) Penalties collected under the provisions of sections 41-261 and 41-263, Idaho Code;
(b) That portion of the annual continuation fee as determined by the director pursuant to subsection (3) of this section;
(c) Other moneys now or hereinafter in the state fire prevention account;
(d) Other moneys or revenues derived from whatever source for arson or fraud investigation or fire prevention.
(3) A portion of the annual continuation fee, as determined by the director, will be used to fund the arson, fire and fraud account.
(4) All claims against the account shall be examined, audited and allowed in the manner now or hereafter provided by law.
(5) All moneys placed in the account are hereby perpetually appropriated to the department of insurance for the purposes of the provisions of this section.
(6) Pending use for purposes of the provisions of this section, moneys in the account shall be invested by the state treasurer in the same manner as provided under section 67-1210, Idaho Code, with respect to other surplus or idle moneys in the state treasury. Interest earned on the investments shall be returned to the account.
History:
[41-268, added 1982, ch. 120, sec. 17, p. 344; am. 1983, ch. 135, sec. 1, p. 331; am. 1999, ch. 65, sec. 1, p. 168; am. 2001, ch. 85, sec. 2, p. 212.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-269 - LIBERAL CONSTRUCTION OF ACT.

41-269. LIBERAL CONSTRUCTION OF ACT. It is hereby declared that this act is necessary for the public safety, health, peace and welfare, is remedial and preventive in nature, and shall be construed liberally.
History:
[(41-269) 1970, ch. 190, sec. 20, p. 547; am. and redesig. 1982, ch. 120, sec. 18, p. 345.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-286 - UNIFORM CLAIMS PROCESSING.

41-286. UNIFORM CLAIMS PROCESSING. (1) Beginning July 1, 1995, all providers of health insurance coverage in Idaho shall use a uniform claim form/format and uniform billing and claim codes.
(2) The uniform claim form/format and billing codes shall be promulgated by the director as provided in chapter 52, title 67, Idaho Code. The director, when developing the claim form/format and billing codes shall take into consideration forms/formats now in use and shall consult with appropriate federal, state and private organizations.
(3) Beginning July 1, 1996, all insurers shall offer compatible systems of electronic billing approved by the director in accordance with chapter 52, title 67, Idaho Code. The system approved by the director may include monitoring and disseminating information concerning eligibility and coverage of individuals.
History:
[41-286, added 1994, ch. 98, sec. 1, p. 223.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-287 - APPLICATION OF PROVISIONS ADOPTED BY NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS.

41-287. APPLICATION OF PROVISIONS ADOPTED BY NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS. The department may not require an insurer to comply with any rule, regulation, directive or standard adopted by the national association of insurance commissioners unless application of the rule, regulation, directive or standard, including policy reserves, is authorized by statute and implemented by the director pursuant to chapter 52, title 67, Idaho Code. This section shall not expand or restrict the general powers and authority of the director as set forth in section 41-210, Idaho Code.
History:
[(41-287) 41-286, added 1994, ch. 322, sec. 1, p. 1037; am. and redesig. 2005, ch. 25, sec. 95, p. 120.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-288 - RETALIATORY REQUIREMENT.

41-288. RETALIATORY REQUIREMENT. Should an insurance department, commissioner, director, or other similar insurance regulatory official of any other state or territory of the United States, impose any sanctions, fines, penalties, financial or deposit requirements, prohibitions, restrictions, regulatory requirements, or other obligations, of any kind, upon any insurance company organized or chartered in this state and licensed to transact business in such other state or territory, because of the failure of the Idaho department of insurance to obtain, maintain, or receive accreditation, certification, or any similar form of approval, compliance, or acceptance from, by, or as a member of the national association of insurance commissioners, or any committee, task force, working group, or advisory committee thereof, or because of the failure of the Idaho department of insurance to comply with any directive, financial or annual statement requirement, model act or regulation, market conduct or financial examination report or requirement, or any report of any kind of the national association of insurance commissioners, or any committee, task force, working group, or advisory committee thereof, the director shall, without exception or exclusion, impose upon any and all insurance companies organized or chartered in such other state or territory, and licensed to do business in this state, the same sanctions, fines, penalties, financial or deposit requirements, prohibitions, restrictions, regulatory requirements, or other obligations imposed by such state upon the insurance company domiciled in this state.
History:
[41-288, added 1995, ch. 138, sec. 1, p. 592.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-290 - FRAUDULENT CLAIMS.

41-290. FRAUDULENT CLAIMS. Any insurer which has facts to support a belief that a fraudulent claim is being or has been made shall, within sixty (60) days of the receipt of such notice, send to the director of insurance, on a form prescribed by the director, the information requested and such additional information relative to the claim and the parties claiming loss or damages as the director may require. The director of the department of insurance shall review such reports and select such claims as, in his judgment, may require further investigation. He shall then cause an independent examination of the facts surrounding such claim to be made to determine the extent, if any, to which fraud, deceit, or intentional misrepresentation of any kind exists in the submission of the claim. The director of the department of insurance shall report any alleged violations of law which his investigations disclose to the appropriate licensing agency and prosecuting authority having jurisdiction with respect to any such violation.
If, upon examination, the director of the department of insurance determines that an insurer has intentionally not reported a claim when the insurer had facts to support a belief that the claim was fraudulent in accordance with the provisions of this chapter, the director may impose fines and penalties pursuant to section 41-327, Idaho Code, for each unreported suspected fraudulent claim.
History:
[(41-290) I.C., sec. 41-250, as added by 1981, ch. 23, sec. 1, p. 39; am. and redesig. 1994, ch. 219, sec. 1, p. 696.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-294 - DAMAGE TO OR DESTRUCTION OF INSURED PROPERTY.

41-294. DAMAGE TO OR DESTRUCTION OF INSURED PROPERTY. Any person who wilfully burns or in any other manner injures or destroys any property which is at the time insured against loss or damage, with intent to defraud or prejudice the insurer or for personal gain, whether the same be the property of, or in possession of, such person or any other, is guilty of a felony punishable by imprisonment in the state prison not less than one (1) year nor more than fifteen (15) years, and shall be ordered to make restitution to the insurer or any other person for any financial loss sustained as a result of a violation of this section.
History:
[(41-294) 1961, ch. 330, sec. 304, p. 645; am. and redesig. 1994, ch. 219, sec. 6, p. 700; am. 1997, ch. 122, sec. 3, p. 369.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-295 - DUTIES OF THE INVESTIGATION SECTION.

41-295. DUTIES OF THE INVESTIGATION SECTION. The investigation section of the department of insurance shall have the following duties:
(1) To conduct civil or criminal investigations within or outside this state as deemed necessary to determine whether any person has violated any provision of title 41, Idaho Code.
(2) For purposes of any investigation under this code, the director, or any officer designated by him, may administer oaths and affirmations, subpoena bank records, subpoena witnesses and compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents the director deems relevant or material to the investigation.
(3) The investigation section shall furnish all papers, documents, reports, complaints, or other facts of evidence to any police, sheriff or other law enforcement agency, when so requested, and will assist and cooperate with such law enforcement agencies.
(4) The investigation section shall refer criminal violations of the code to the attorney general, county prosecutor, or other prosecutor having jurisdiction of any such violation. The attorney general, county prosecutor, or other prosecutor shall promptly institute and prosecute such action or proceedings against such person as the information may require or justify. Whoever is the prosecuting attorney of record shall have exclusive authority in all matters regarding such action or proceeding.
(5) The investigation section shall have such other duties as the director of the department of insurance shall assign or as contained elsewhere in title 41, Idaho Code.
(6) The investigation section shall be permitted to seek court ordered restitution as reimbursement, for the cost of investigation from those individuals successfully prosecuted under section 41-293, Idaho Code. Any restitution payments received pursuant to this section shall be deposited in the insurance administrative account as provided in section 41-401, Idaho Code.
History:
[41-295, added 1994, ch. 219, sec. 7, p. 700; am. 1997, ch. 122, sec. 4, p. 369; am. 2005, ch. 74, sec. 3, p. 253.]
2023 Idaho Code › Title 41 - INSURANCE › Chapter 2 - THE DEPARTMENT OF INSURANCE › Section 41-296 - CONFIDENTIALITY — COMPULSORY TESTIMONY.

41-296. CONFIDENTIALITY — COMPULSORY TESTIMONY. (1) The department of insurance, state fire marshal or authorized agency described in section 41-291, Idaho Code, which has received any information furnished pursuant to section 41-258, 41-290 or 41-292, Idaho Code, shall hold the information and the information shall be subject to disclosure according to chapter 1, title 74, Idaho Code.
(2) Any authorized agency referred to in section 41-291, Idaho Code, or their personnel, may be required to testify in any litigation in which the insurance company at interest is named as a party, if such testimony is not otherwise privileged by law.
History:
[41-296, added 1982, ch. 120, sec. 19, p. 346; am. 1990, ch. 213, sec. 53, p. 523; am. and redesig. 1994, ch. 219, sec. 8, p. 701; am. 2015, ch. 141, sec. 107, p. 456.]