reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.02.01 - RULES FOR THE JUDGES' RETIREMENT FUND › Subchapter B - DISTRIBUTIONS › Section 59.02.01.100 - REQUIRED MINIMUM DISTRIBUTIONS

Current through August 31, 2023
01.
Default Application of Federal Requirements
. With respect to distributions under the Judges' Retirement Fund, and except as provided in Subsection  100.06, the Judges' Retirement Fund will apply the minimum distribution requirements of section  401(a)(9)  of the Internal Revenue Code (Code) in accordance with a good faith interpretation of section  401(a)(9), notwithstanding any provision of the Judges' Retirement Fund to the contrary. (3-31-22)
02.
Required Beginning Date
. Except as otherwise provided in Subsections  100.03  through  100.06, distributions under the Judges' Retirement Fund shall begin not later than April 1 following the later of: (3-31-22)
a. The calendar year (hereinafter referred to as the "Commencement Year") in which the member reaches age seventy and one half (70 ^); and (3-31-22)
b. The year in which he retires. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.02.01 - RULES FOR THE JUDGES' RETIREMENT FUND › Subchapter B - DISTRIBUTIONS › Section 59.02.01.101 - MAXIMUM LIMITATIONS ON BENEFITS

Current through August 31, 2023
Beginning effective January 1, 2002, the "defined benefit dollar limitation" is one hundred sixty thousand dollars ($160,000), as adjusted, effective January 1 of each year thereafter, under section  415(d)  of the Internal Revenue Code (Code) in such manner as the Secretary shall prescribe, and payable in the form of a straight life annuity. A limitation as adjusted under section  415(d)  will apply to limitation years ending with or within the calendar year for which the adjustment applies. The "maximum permissible benefit" is the defined benefit dollar limitation (adjusted where required, as provided in Subsection  101.01  and, if applicable, in Subsections  101.02  through  101.04). (3-31-22)
01.
Less Than Ten Years of Service
. If the Member has fewer than ten (10) years of participation in the Judges' Retirement Fund, the defined benefit dollar limitation shall be multiplied by a fraction: (3-31-22)
a. The numerator of which is the number of years (or part thereof) of participation in the Judges' Retirement Fund; and (3-31-22)
b. The denominator of which is ten (10). (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.02.01 - RULES FOR THE JUDGES' RETIREMENT FUND › Subchapter B - DISTRIBUTIONS › Section 59.02.01.102 - MAXIMUM LIMITATION ON ANNUAL ADDITIONS

Current through August 31, 2023
01.
Annual Additions Limitation
. Effective January 1, 2002, annual additions shall not exceed the lesser of: (3-31-22)
a. Forty thousand dollars ($40,000); or (3-31-22)
b. One hundred percent (100%) of the Member's compensation. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.02.01 - RULES FOR THE JUDGES' RETIREMENT FUND › Subchapter C - ASSUMPTIONS › Section 59.02.01.251 - ACTUARIAL ASSUMPTIONS TO BE SPECIFIED

Current through August 31, 2023
Whenever the amount of any benefit is to be determined on the basis of actuarial assumptions, such assumptions will be specified in a manner that precludes employer discretion. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.02.01 - RULES FOR THE JUDGES' RETIREMENT FUND › Subchapter C - ASSUMPTIONS › Section 59.02.01.252 - ACTUARIAL TABLES

Current through August 31, 2023
The actuarial tables used for determining optional retirement benefits are set forth in Appendix A, which is hereby incorporated by reference and made a part hereof. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.02.01 - RULES FOR THE JUDGES' RETIREMENT FUND › Subchapter D - CONTRIBUTION RATES › Section 59.02.01.300 - EMPLOYER CONTRIBUTION RATE

Current through August 31, 2023
The employer contribution rate shall be fifty-five point twenty-eight percent (55.28%) of salaries until next determined by the Board. Beginning July 1, 2017, the employer contribution rate shall be sixty-two point fifty-three percent (62.53%) of salaries until next determined by the Board. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.02.01 - RULES FOR THE JUDGES' RETIREMENT FUND › Subchapter D - CONTRIBUTION RATES › Section 59.02.01.301 - EMPLOYEE CONTRIBUTION RATE

Current through August 31, 2023
The employee contribution rate shall be ten point twenty-three percent (10.23%) of salary until next determined by the Board. Beginning July 1, 2017, the employee contribution rate shall be eleven point fifty-seven percent (11.57%) of salaries until next determined by the Board. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.02.01 - RULES FOR THE JUDGES' RETIREMENT FUND › Subchapter D - CONTRIBUTION RATES › Section 59.02.01.302 - VACATION AND CONTRACTUAL PAYMENTS SUBJECT TO CONTRIBUTIONS

Current through August 31, 2023
Compensation paid for vacation is salary subject to employee and employer contributions. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.02.01 - RULES FOR THE JUDGES' RETIREMENT FUND › Subchapter D - CONTRIBUTION RATES › Section 59.02.01.303 - REPORTS

Current through August 31, 2023
The Employer shall provide to the Board such reports, including compensation and contribution reports, as are required by the Board to verify contributions benefits required or provided and unless extended in writing by the executive director such reports shall be provided no later than five (5) business days after each pay date. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.02.01 - RULES FOR THE JUDGES' RETIREMENT FUND › Subchapter E - DISABILITY RETIREMENT › Section 59.02.01.350 - APPLYING FOR DISABILITY RETIREMENT

Current through August 31, 2023
Eligible members may apply for disability retirement, as provided for in Section  1-2001(4)(a), Idaho Code, by completing a required form available from any PERSI office. The application process may include an interview by a Board representative. Applicants must release all medical records and information to the Board or its agent. (3-3122)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.02.01 - RULES FOR THE JUDGES' RETIREMENT FUND › Subchapter E - DISABILITY RETIREMENT › Section 59.02.01.351 - INITIAL APPLICATION REVIEW

Current through August 31, 2023
Applications will first be reviewed to determine whether the applicant meets applicable eligibility requirements. If eligibility requirements are met, the application will proceed to disability assessment review. If all eligibility requirements are not met, the applicant will be notified in writing. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.02.01 - RULES FOR THE JUDGES' RETIREMENT FUND › Subchapter E - DISABILITY RETIREMENT › Section 59.02.01.352 - DISABILITY ASSESSMENT REVIEW

Current through August 31, 2023
An applicant will be assessed to determine whether he qualifies for disability retirement under the applicable standard. The assessment may include without limitation, records review, medical and psychological examinations, vocational assessments, or any combination thereof as determined by the Board. Failure to timely comply with any request made by the Board during the assessment process shall result in automatic denial of disability retirement. At the conclusion of the assessment process, the Board will notify the applicant in writing whether or not he qualifies for disability retirement. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.02.01 - RULES FOR THE JUDGES' RETIREMENT FUND › Subchapter E - DISABILITY RETIREMENT › Section 59.02.01.353 - RECONSIDERATION OF DISABILITY ASSESSMENT DECISION

Current through August 31, 2023
Applicants, who are denied disability retirement as a result of an adverse disability assessment decision, and wish to contest that decision, are required to participate in a reconsideration process. A request for reconsideration must be made within thirty (30) days of the issuance of the disability assessment decision. Any additional information the applicant wishes to be considered must be submitted within thirty (30) days of the request for reconsideration. The additional information will be reviewed and a reconsideration decision will be issued in writing to the applicant. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.02.01 - RULES FOR THE JUDGES' RETIREMENT FUND › Subchapter E - DISABILITY RETIREMENT › Section 59.02.01.354 - ADMINISTRATIVE REVIEW OF THE RECONSIDERATION DECISION

Current through August 31, 2023
A reconsideration decision shall be considered a final decision, and may be appealed to the Board for review. In any related administrative hearing, the applicant shall be limited to presenting facts and evidence made available in the reconsideration process. No new or additional evidence may be presented at the hearing. If the applicant has additional facts or evidence that were not made available during the assessment or reconsideration process, the applicant must submit a new application for disability retirement, proceed again through the assessment process, and pay the costs associated with the second or subsequent assessment process. This rule is intended to promote the efficient use of fund resources by encouraging full and complete disclosure of information during the disability assessment process. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.02.01 - RULES FOR THE JUDGES' RETIREMENT FUND › Subchapter E - DISABILITY RETIREMENT › Section 59.02.01.355 - DELEGATION

Current through August 31, 2023
The Board may, by contract or otherwise, delegate all or part of these processes to third parties. Where such delegation has been made, the term "Board" includes those third parties. Where such delegation has been made, the term "Board" includes those third parties. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.02.01 - RULES FOR THE JUDGES' RETIREMENT FUND › Subchapter E - DISABILITY RETIREMENT › Section 59.02.01.356 - REASSESSMENT OF DISABILITY RETIREES

Current through August 31, 2023
A disability retiree is subject to reassessment of his disability at any time to determine whether he continues to be disabled under the standard in Section  1-2001(4)(a), Idaho Code. However, after two (2) years of continuous disability retirement, a disability retiree is not required to undergo medical examinations more often than every twelve (12) months. A disability retiree notified that he has been selected for reassessment is under the same obligation as applicants to supply information. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.02.01 - RULES FOR THE JUDGES' RETIREMENT FUND › Subchapter E - DISABILITY RETIREMENT › Section 59.02.01.357 - BURDEN ON APPLICANT

Current through August 31, 2023
Applicant must demonstrate that, on or before applicant's last day of employment, he was disabled under the disability standard. The last day of employment is the last day applicant earned compensation, including annual leave and sick leave. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.02.01 - RULES FOR THE JUDGES' RETIREMENT FUND › Subchapter E - DISABILITY RETIREMENT › Section 59.02.01.358 - STATUTORY STANDARD

Current through August 31, 2023
In applying the disability standard in Section  1-2001(4)(a), Idaho Code, the applicant is prevented from further performance of the duties of his office if the applicant is permanently prevented, due to bodily injury or disease, from performing every substantial and material duty of his office. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.02.01 - RULES FOR THE JUDGES' RETIREMENT FUND › Subchapter E - DISABILITY RETIREMENT › Section 59.02.01.359 - ATTORNEY'S FEES AND COSTS

Current through August 31, 2023
Attorney's fees and costs incurred by an applicant in his efforts to obtain disability retirement are the sole responsibility of the applicant and shall not be paid by the Board except for fees related to judicial review for which applicant is found to be entitled under applicable law. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.02.01 - RULES FOR THE JUDGES' RETIREMENT FUND › Subchapter F - MISCELLANEOUS PROVISIONS › Section 59.02.01.400 - ADMINISTRATIVE PROCEDURE - CROSS REFERENCE

Current through August 31, 2023
See IDAPA 59.01.01, "Rules of Administrative Procedure of PERSI," concerning rules for administrative procedure. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.02.01 - RULES FOR THE JUDGES' RETIREMENT FUND › Subchapter F - MISCELLANEOUS PROVISIONS › Section 59.02.01.401 - POST RETIREMENT ALLOWANCE ADJUSTMENTS

Current through August 31, 2023
01.
Adjustments Under Section  59-1355, Idaho Code
. For those retirees whose post retirement allowance adjustment is to be determined in accordance with Section  59-1355, Idaho Code, the Board shall annually consider the post retirement cost of living adjustment (COLA) pursuant to Section  59-1355, Idaho Code. The Board has the discretion afforded under Section  59-1355, Idaho Code, related to a discretionary and/or retro-active COLA. The Board shall annually consider the COLA no later than the December Board meeting of each year with an effective date of July 1 of the next year. (3-31-22)
02.
Adjustments Under Section  1-2001(2)(a)(ii)
. For those retirees whose COLA is to be determined in accordance with Section  1-2001(2)(a)(ii), Idaho Code, the COLA, if any, shall have an effective date of July 1 of the applicable year. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.02.01 - RULES FOR THE JUDGES' RETIREMENT FUND › Subchapter F - MISCELLANEOUS PROVISIONS › Section 59.02.01.402 - APPROVED DOMESTIC RETIREMENT ORDERS

Current through August 31, 2023
As permitted under Code section  414(p)(11), the Plan shall recognize and give effect to domestic retirement orders that have been approved in accordance with Plan procedures. An order shall be approved only if it substantially meets the requirements for a qualified domestic relations order under Code section  414(p), except for subsection (9) thereof, as determined by the Administrator or its agent. Amounts segregated for the accounts of alternate payees pursuant to a Plan approved domestic retirement order shall be available for immediate distribution to the alternate payee. Distributions pursuant to a domestic retirement order to an alternate payee who is a spouse or former spouse of the Member shall be taxable to the alternate payee rather than the Member to the extent permitted under Code Section  414(p)(12). Distributions pursuant to a qualified domestic relations order to an alternate payee who is not a spouse or former spouse of the Member shall be taxable to the Member. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.02.01 - RULES FOR THE JUDGES' RETIREMENT FUND › Subchapter F - MISCELLANEOUS PROVISIONS › Section 59.02.01.403 - RETIREMENT APPLICATION AND SPOUSAL CONSENT

Current through August 31, 2023
A member is required to complete and submit a retirement application and select either a regular or optional retirement allowance. The member's signature must be notarized. The application for retirement indicating the election made by the retiring member shall also be signed by the spouse certifying he understands and consents to the election made by the member. The spouse's signature must be notarized. If an inactive member reaches service retirement age, or an active member who has reached service retirement age separates from service, and has failed to complete and submit an approved retirement application and select either a regular or optional retirement allowance within ninety (90) days thereafter, the member shall be deemed to have selected a regular retirement allowance and no other selection shall be required or permitted. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.02.01 - RULES FOR THE JUDGES' RETIREMENT FUND › Subchapter F - MISCELLANEOUS PROVISIONS › Section 59.02.01.404 - FORFEITURES

Current through August 31, 2023
Forfeitures will not be applied to increase the benefits any member would otherwise receive. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.02.01 - RULES FOR THE JUDGES' RETIREMENT FUND › Subchapter F - MISCELLANEOUS PROVISIONS › Section 59.02.01.405 - PRE-ERISA VESTING

Current through August 31, 2023
Upon any termination of the Plan or upon any complete discontinuance of contributions under the Plan, the rights of all Members to benefits accrued to the date of such termination or discontinuance, to the extent then funded, shall become one hundred percent (100%) vested. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.02.01 - RULES FOR THE JUDGES' RETIREMENT FUND › Subchapter F - MISCELLANEOUS PROVISIONS › Section 59.02.01.406 - EXCLUSIVE PURPOSE

Current through August 31, 2023
The Board shall hold the assets of the Judges' Retirement Fund in trust for the exclusive purpose of providing benefits to Members and Beneficiaries and paying reasonable expenses of administration. It shall be impossible by operation of the Judges' Retirement Fund, by termination, by power of revocation or amendment, by the happening of any contingency, by collateral arrangement or by other means, for any part of the corpus or income of the Judges' Retirement Fund, or any funds contributed thereto, to inure to the benefit of any Employer or otherwise be used for or diverted to purposes other than providing benefits to Members and Beneficiaries and defraying reasonable expenses of administering the Judges' Retirement Fund. (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.02.01 - RULES FOR THE JUDGES' RETIREMENT FUND › Subchapter F - MISCELLANEOUS PROVISIONS › Section 59.02.01.407 - BENEFITS DURING MILITARY SERVICES

Current through August 31, 2023
01.
Death Benefits
. (3-31-22)
a. This subsection  407.01  applies to a member of the Judges' Retirement Fund who dies on or after January 1, 2007, while performing qualified military service as defined in Chapter 43, Title 38 of the United States Code. (3-31-22)
b. The period of military service that results in the member's death will be counted in the determination of whether the member qualifies for the death benefit described in section  2009-1(b)   to the extent required by Code Section  401(a)(37), (3-31-22)
Idaho Administrative Code › Title IDAPA 59 - PERSI (Public Employee Retirement System of Idaho) › Rule 59.02.01 - RULES FOR THE JUDGES' RETIREMENT FUND › Subchapter F - MISCELLANEOUS PROVISIONS › Appendix A

Current through August 31, 2023
Click here to view
				  image
Click here to view
				  image
Click here to view
				  image
Click here to view
				  image
Click here to view
				  image
Idaho Administrative Code › Title IDAPA 60 - Soil and Water Conservation Commission, Idaho State › Rule 60.05.01 - RULES OF THE IDAHO STATE SOIL AND WATER CONSERVATION COMMISSION › Section 60.05.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
This chapter is adopted by the Idaho State Soil and Water Conservation Commission, under the legal authority of Sections  22-2718,  22-2727, and  22-2730, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 60 - Soil and Water Conservation Commission, Idaho State › Rule 60.05.01 - RULES OF THE IDAHO STATE SOIL AND WATER CONSERVATION COMMISSION › Section 60.05.01.001 - SCOPE

Current through August 31, 2023
The provisions of these rules set forth procedures and requirements for establishing, implementing, and administering a state loan from the RCRDP fund as provided in Sections  22-2730, through  22-2732, Idaho Code, and provide for the allocation of state funds appropriated for distribution to conservation districts pursuant to Section  22-2727, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 60 - Soil and Water Conservation Commission, Idaho State › Rule 60.05.01 - RULES OF THE IDAHO STATE SOIL AND WATER CONSERVATION COMMISSION › Section 60.05.01.010 - DEFINITIONS

Current through August 31, 2023
For the purpose of these rules, the terms and phrases are used as defined herein: (3-31-22)
01.
Applicant
. An eligible applicant as defined in Section  22-2717, Idaho Code. (3-31-22)
02.
Application
. The loan request document that sets forth the information required by Section  22-2732, Idaho Code and Subsection  057.03  of these rules, including a conservation plan. (3-31-22)
03.
Base Funding
. Funds appropriated to the Commission to be allocated equally to the various soil conservation districts in a sum not to exceed eight thousand five hundred dollars ($8,500) per district per year. (3-31-22)
04.
Board of Supervisors
. Governing body of a district as provided in Section  22-2717(25), Idaho Code. (3-31-22)
05.
Certify
. To confirm formally as true, accurate, or genuine. (3-31-22)
06.
Commission
. The Idaho State Soil and Water Conservation Commission as defined in Section  22-2718, Idaho Code. (3-31-22)
07.
Conservation District or District
. A soil (and water) conservation district as defined in Section  22-2717, Idaho Code. (3-31-22)
08.
Conservation Plan
. A conservation plan as defined in Sections  22-2717  and  22-2732, Idaho Code that sets forth the information required by Subchapter A. of these rules. (3-31-22)
09.
Contractee
. The applicant when the loan has been closed and recorded. (3-31-22)
10.
Coordinated Resource Planning Process
. A process that considers all the resources and resource users within a geographical area and encourages active involvement and input from all interested parties. (3-31-22)
11.
District
. A Conservation District, Soil Conservation District, or Soil and Water Conservation District as defined in Section  22-2717, Idaho Code. (3-31-22)
12.
Eligible Land
. Private, state, county, or federal lands within the state of Idaho. (3-31-22)
13.
Field Office
. The local United States Department of Agriculture Natural Resources Conservation Service (NRCS) office usually located with the principal headquarters of the local District. (3-31-22)
14.
Field Office Technical Guide
. The primary scientific reference for NRCS that contains technical information about the conservation of soil, water, air, and related plant and animal resources. Technical guides used in each field office are localized so that they apply specifically to the geographic area for which they are prepared. Copies of the field office technical guides may be obtained from a local District or field office. (3-31-22)
15.
Financial and Match Report
. Documentation certified by the Board of Supervisors that: (3-31-22)
a. Itemizes local funds and services received by a district during the previous fiscal year; and (3-31-22)
b. Describes how state base and match funds were utilized during the previous fiscal year. (3-31-22)
Idaho Administrative Code › Title IDAPA 60 - Soil and Water Conservation Commission, Idaho State › Rule 60.05.01 - RULES OF THE IDAHO STATE SOIL AND WATER CONSERVATION COMMISSION › Section 60.05.01.011 - ABBREVIATIONS

Current through August 31, 2023
01.
RCRDP
. The Idaho Resource Conservation and Rangeland Development Program. (3-31-22)
02.
NRCS
. United States Department of Agriculture Natural Resources Conservation Service. (3-31-22)
Idaho Administrative Code › Title IDAPA 60 - Soil and Water Conservation Commission, Idaho State › Rule 60.05.01 - RULES OF THE IDAHO STATE SOIL AND WATER CONSERVATION COMMISSION › Subchapter A - RULES FOR ADMINISTRATION OF THE IDAHO RESOURCE CONSERVATION AND RANGELAND DEVELOPMENT PROGRAM › Section 60.05.01.012 - PROGRAM POLICY

Current through August 31, 2023
01.
Administration
. It is the policy of the Commission to administer the Resource Conservation and Rangeland Development Program to provide the greatest benefits to all concerned from the agricultural lands and rangelands within the state. (3-31-22)
02.
Equal Opportunity
. Each applicant regardless of handicap, race, age, sex, creed, color or national origin, must be given the opportunity to apply for a loan. (3-31-22)
03.
Filing Applications
. An application may be filed at anytime during the program year. (3-31-22)
04.
Use of Loan Money in Conjunction with State or Federal Programs
. Requests for state or federal cost-share assistance and for loan approval are handled by different governmental agencies and approval for one does not guarantee approval for the other. (3-31-22)
Idaho Administrative Code › Title IDAPA 60 - Soil and Water Conservation Commission, Idaho State › Rule 60.05.01 - RULES OF THE IDAHO STATE SOIL AND WATER CONSERVATION COMMISSION › Subchapter A - RULES FOR ADMINISTRATION OF THE IDAHO RESOURCE CONSERVATION AND RANGELAND DEVELOPMENT PROGRAM › Section 60.05.01.013 - PROGRAM OBJECTIVES

Current through August 31, 2023
01.
Objectives
. The objectives of the RCRDP are to: (3-31-22)
a. Conserve soil resources. (3-31-22)
b. Conserve water resources. (3-31-22)
c. Improve riparian areas for multiple use benefits. (3-31-22)
d. Protect or improve existing beneficial uses of the state's waters. (3-31-22)
e. Conserve and improve fish and wildlife habitat. (3-31-22)
f. Increase agricultural productivity of cropland, orchards, pasture and hayland, rangeland, and woodland. (3-31-22)
Idaho Administrative Code › Title IDAPA 60 - Soil and Water Conservation Commission, Idaho State › Rule 60.05.01 - RULES OF THE IDAHO STATE SOIL AND WATER CONSERVATION COMMISSION › Subchapter A - RULES FOR ADMINISTRATION OF THE IDAHO RESOURCE CONSERVATION AND RANGELAND DEVELOPMENT PROGRAM › Section 60.05.01.014. - 055 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 60 - Soil and Water Conservation Commission, Idaho State › Rule 60.05.01 - RULES OF THE IDAHO STATE SOIL AND WATER CONSERVATION COMMISSION › Subchapter A - RULES FOR ADMINISTRATION OF THE IDAHO RESOURCE CONSERVATION AND RANGELAND DEVELOPMENT PROGRAM › Section 60.05.01.056 - RESPONSIBILITIES

Current through August 31, 2023
01.
District
. The local District must: (3-31-22)
a. Receive the conservation plan for program participation. (3-31-22)
b. Within sixty (60) days of receipt, review and evaluate the conservation plan to determine if the project is consistent with the District's program goals and objectives. (3-31-22)
c. Assign a priority of high, medium, or low to the project. (3-31-22)
d. Forward conservation plans to the Commission with a recommendation for funding. (3-31-22)
e. Prepare and forward to the Commission special practice requests. (3-31-22)
f. The local District may assign a priority to practices in the field office technical guide and have that priority ranking apply to all future projects seeking to implement the pre-ranked practices. The local District Board must consider pre-ranking practices at a scheduled Board meeting. The Board's decision including the name and identification number of the practice(s), the assigned ranking and the recommendation for funding must be reflected in the meeting minutes and be forwarded to the Commission. (3-31-22)
g. If the local District does not review and evaluate a conservation plan within sixty (60) days of receipt, the Commission may review and evaluate the conservation plan and assign a priority ranking for the project based on the District's five (5) year plan. (3-31-22)
Idaho Administrative Code › Title IDAPA 60 - Soil and Water Conservation Commission, Idaho State › Rule 60.05.01 - RULES OF THE IDAHO STATE SOIL AND WATER CONSERVATION COMMISSION › Subchapter A - RULES FOR ADMINISTRATION OF THE IDAHO RESOURCE CONSERVATION AND RANGELAND DEVELOPMENT PROGRAM › Section 60.05.01.057 - APPLICATION FOR LOAN

Current through August 31, 2023
01.
How to Apply
. Any applicant desiring a loan from the RCRDP fund must: (3-31-22)
a. Prepare and submit a conservation plan. The conservation plan must be presented by the applicant (or representative appointed by the applicant) to the local District Board at a scheduled meeting unless the project includes only practices that have been pre-ranked by the local District in accordance with Paragraph 56.01.f. of these rules. If the project includes only pre-ranked practices, the applicant must submit the conservation plan to the Commission. (3-31-22)
b. Prepare and submit a completed application. The application including all information required under Subsection  57.03  of these rules must be submitted to the Commission. (3-31-22)
Idaho Administrative Code › Title IDAPA 60 - Soil and Water Conservation Commission, Idaho State › Rule 60.05.01 - RULES OF THE IDAHO STATE SOIL AND WATER CONSERVATION COMMISSION › Subchapter A - RULES FOR ADMINISTRATION OF THE IDAHO RESOURCE CONSERVATION AND RANGELAND DEVELOPMENT PROGRAM › Section 60.05.01.058 - SPECIAL PRACTICE(S) APPROVAL FOR LOANS

Current through August 31, 2023
01.
Special Practice Approval
. A special practice must be approved by the Commission before it becomes an eligible practice. (3-31-22)
02.
Special Practice Requests
. Special practice requests may be prepared by the local District or the Commission and must include: (3-31-22)
a. A description of the proposed practice. (3-31-22)
b. A justification of need for the special practice. (3-31-22)
c. Standards and specifications for the proposed practice. (3-31-22)
d. A statement from the appropriate agency as to the technical adequacy of the special practice in solving the resource problem. (3-31-22)
Idaho Administrative Code › Title IDAPA 60 - Soil and Water Conservation Commission, Idaho State › Rule 60.05.01 - RULES OF THE IDAHO STATE SOIL AND WATER CONSERVATION COMMISSION › Subchapter A - RULES FOR ADMINISTRATION OF THE IDAHO RESOURCE CONSERVATION AND RANGELAND DEVELOPMENT PROGRAM › Section 60.05.01.059. - 080 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 60 - Soil and Water Conservation Commission, Idaho State › Rule 60.05.01 - RULES OF THE IDAHO STATE SOIL AND WATER CONSERVATION COMMISSION › Subchapter A - RULES FOR ADMINISTRATION OF THE IDAHO RESOURCE CONSERVATION AND RANGELAND DEVELOPMENT PROGRAM › Section 60.05.01.081 - ENCOURAGING PUBLIC BENEFITS WHEN INSTALLING PRACTICES

Current through August 31, 2023
District Boards must encourage persons responsible for any aspect of performing practices to promote public benefit by improving or preserving environmental quality and ecological balance when the practices are being installed. Multiple objective achievement and total resource evaluation and treatment must receive high priority consideration for loan funds. When reviewing loan requests the following considerations must be made: (3-31-22)
01.
Preventing Degradation
. Preventing or abating pollution and other environmental degradation. (3-31-22)
02.
Benefiting the Community
. Benefiting the community by means such as outdoor recreational opportunities or enhancing the appearance of the area. (3-31-22)
03.
Benefiting Habitat
. Benefiting fish and wildlife habitat. (3-31-22)
Idaho Administrative Code › Title IDAPA 60 - Soil and Water Conservation Commission, Idaho State › Rule 60.05.01 - RULES OF THE IDAHO STATE SOIL AND WATER CONSERVATION COMMISSION › Subchapter A - RULES FOR ADMINISTRATION OF THE IDAHO RESOURCE CONSERVATION AND RANGELAND DEVELOPMENT PROGRAM › Section 60.05.01.082. - 100 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 60 - Soil and Water Conservation Commission, Idaho State › Rule 60.05.01 - RULES OF THE IDAHO STATE SOIL AND WATER CONSERVATION COMMISSION › Subchapter A - RULES FOR ADMINISTRATION OF THE IDAHO RESOURCE CONSERVATION AND RANGELAND DEVELOPMENT PROGRAM › Section 60.05.01.101 - CREDIT GUIDELINES

Current through August 31, 2023
01.
Standards for Acceptable Loans
. There must be adequate assets and collateral for security to protect the state from risk of loss. (3-31-22)
02.
Required Documentation
. The applicant must provide documentation to the Commission sufficient to determine the applicant's ability and willingness to repay the loan. Such documentation may include: financial statements; balance sheets; profit and loss statements; driver's license; income tax returns; budgets; credit reports; estimates/quotes; deeds; leases; and other supporting documents as deemed necessary relative to the size, complexity, and financial responsibility of the individual or entity being financed. (3-31-22)
03.
Duty to Inform
. After submitting the application and before funds are dispersed, the applicant must inform and provide documentation to the Commission of any significant change of circumstance that may impact their financial standing or ability to repay the loan. (3-31-22)
04.
Field Inspections
. The Commission may require a field inspection in order to: (3-31-22)
a. Determine loan and security positions, provide repayment estimates and verify assets. (3-31-22)
b. Indicate the applicant's management ability. (3-31-22)
c. Secure a complete and accurate description of collateral for the security agreement. (3-31-22)
Idaho Administrative Code › Title IDAPA 60 - Soil and Water Conservation Commission, Idaho State › Rule 60.05.01 - RULES OF THE IDAHO STATE SOIL AND WATER CONSERVATION COMMISSION › Subchapter A - RULES FOR ADMINISTRATION OF THE IDAHO RESOURCE CONSERVATION AND RANGELAND DEVELOPMENT PROGRAM › Section 60.05.01.102 - LOAN CLOSURE AND ADMINISTRATION

Current through August 31, 2023
01.
Servicing and Documentation
. All loans must be assigned to a loan officer (Commission employee) who must be responsible for servicing the loan. (3-31-22)
02.
Loan Securing Documents
. Following approval of the application, the Commission, must prepare all necessary loan securing documents. (3-31-22)
03.
Loan Note and Security Agreement
. The loan must be secured by utilizing a promissory note and security document listing the parties and the collateral, as well as terms and conditions of the loan. A mortgage or deed of trust must be executed and recorded with the county recorder where the collateral is located if the collateral is real property. A security agreement and any other necessary documents must be executed if the collateral is not real property. Appropriate financing statements must be executed and filed with the Secretary of State on all collateral consisting of personal property. (3-31-22)
04.
Fund Obligation
. Funds must be obligated when all loan conditions established by the Commission have been met and when all necessary loan securing documents are in order and appropriately signed by the applicant. Funds will then be obligated. Upon notification of fund obligation, the applicant who is now the contractee, may complete implementation of the project. (3-31-22)
05.
Cost Incurred
. The applicant is required to cover all costs incurred for loan closure, title insurance, and recording fees. (3-31-22)
Idaho Administrative Code › Title IDAPA 60 - Soil and Water Conservation Commission, Idaho State › Rule 60.05.01 - RULES OF THE IDAHO STATE SOIL AND WATER CONSERVATION COMMISSION › Subchapter A - RULES FOR ADMINISTRATION OF THE IDAHO RESOURCE CONSERVATION AND RANGELAND DEVELOPMENT PROGRAM › Section 60.05.01.103 - IMPLEMENTATION OF AGREED TO PRACTICES

Current through August 31, 2023
The applicant may, at their own risk, begin installing practices as identified and scheduled in the conservation plan provided the project is not completed before the loan is approved and the conditions of approval are met. Should the applicant choose to begin installing practices prior to the conditions of approval being met, the Commission may require additional title insurance to protect against intervening materialman's liens. The applicant/contractee has the responsibility to obtain appropriate technical assistance to ensure practices are properly designed, constructed, and managed. The applicant/contractee may install practices themselves or contract work out. Whatever method is used, the applicant/contractee is responsible to ensure the quality of materials and workmanship meets the approved standards and specifications for each practice. (3-31-22)
01.
Practice Completion
. Upon completion of the scheduled practice the applicant/contractee must notify the provider of technical assistance. The provider of technical assistance must inspect and document the amount and extent of the installed practice and certify its completion if it meets the quality standards and construction specifications of the practice and notify the applicant/contractee. If the practice does not meet practice standards and specifications the applicant/contractee must be notified by the provider of technical assistance, in writing, of the deficiencies and what needs to be done so the practice meets standards and specifications. (3-31-22)
02.
Submitting Vouchers and Bills
. (3-31-22)
a. The provider of technical assistance must provide a written certification of completion of the project to the Commission. The applicant/contractee must submit invoices, vouchers and bills for the project to the Commission. (3-31-22)
b. Up to ninety-five percent (95%) of loan funds can be disbursed toward submitted bills during the loan installment period. The remaining loan funds will be disbursed upon receipt of written certification of project completion from the provider of technical assistance. (3-31-22)
Idaho Administrative Code › Title IDAPA 60 - Soil and Water Conservation Commission, Idaho State › Rule 60.05.01 - RULES OF THE IDAHO STATE SOIL AND WATER CONSERVATION COMMISSION › Subchapter A - RULES FOR ADMINISTRATION OF THE IDAHO RESOURCE CONSERVATION AND RANGELAND DEVELOPMENT PROGRAM › Section 60.05.01.104. - 125 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 60 - Soil and Water Conservation Commission, Idaho State › Rule 60.05.01 - RULES OF THE IDAHO STATE SOIL AND WATER CONSERVATION COMMISSION › Subchapter A - RULES FOR ADMINISTRATION OF THE IDAHO RESOURCE CONSERVATION AND RANGELAND DEVELOPMENT PROGRAM › Section 60.05.01.126 - REPAYMENT OF LOAN

Current through August 31, 2023
01.
Repayment of the Loan
. Repayment of the loan, together with interest, must commence no later than two (2) full years from the date the note is signed. (3-31-22)
02.
Repayment Schedule
. The repayment schedule must be identified in the loan documents with a fifteen (15) year maximum loan period. One (1) month before payment is due, the commission will mail the contractee a notice of payment due. (3-31-22)
03.
First Payment
. The first payment is due as required on the signed loan documents as prepared by the Commission. Any additional interest incurred during the installment period of the loan will be added to the first payment notice. (3-31-22)
Idaho Administrative Code › Title IDAPA 60 - Soil and Water Conservation Commission, Idaho State › Rule 60.05.01 - RULES OF THE IDAHO STATE SOIL AND WATER CONSERVATION COMMISSION › Subchapter A - RULES FOR ADMINISTRATION OF THE IDAHO RESOURCE CONSERVATION AND RANGELAND DEVELOPMENT PROGRAM › Section 60.05.01.127 - FORECLOSURE

Current through August 31, 2023
In the event of a contractee not adhering to the payment terms and conditions of the mortgage, promissory note, or security agreement, the Commission may seek foreclosure according to the laws of the state of Idaho. (3-31-22)
Idaho Administrative Code › Title IDAPA 60 - Soil and Water Conservation Commission, Idaho State › Rule 60.05.01 - RULES OF THE IDAHO STATE SOIL AND WATER CONSERVATION COMMISSION › Subchapter A - RULES FOR ADMINISTRATION OF THE IDAHO RESOURCE CONSERVATION AND RANGELAND DEVELOPMENT PROGRAM › Section 60.05.01.128. - 150 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 60 - Soil and Water Conservation Commission, Idaho State › Rule 60.05.01 - RULES OF THE IDAHO STATE SOIL AND WATER CONSERVATION COMMISSION › Subchapter A - RULES FOR ADMINISTRATION OF THE IDAHO RESOURCE CONSERVATION AND RANGELAND DEVELOPMENT PROGRAM › Section 60.05.01.151 - LOAN POLICIES

Current through August 31, 2023
The maximum amount of any one (1) loan is six hundred thousand dollars ($600,000). (3-31-22)
Idaho Administrative Code › Title IDAPA 60 - Soil and Water Conservation Commission, Idaho State › Rule 60.05.01 - RULES OF THE IDAHO STATE SOIL AND WATER CONSERVATION COMMISSION › Subchapter A - RULES FOR ADMINISTRATION OF THE IDAHO RESOURCE CONSERVATION AND RANGELAND DEVELOPMENT PROGRAM › Section 60.05.01.152. - 199 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 60 - Soil and Water Conservation Commission, Idaho State › Rule 60.05.01 - RULES OF THE IDAHO STATE SOIL AND WATER CONSERVATION COMMISSION › Subchapter B - RULES FOR ALLOCATION OF FUNDS TO CONSERVATION DISTRICTS › Section 60.05.01.200 - ALLOCATION OF FUNDS TO DISTRICTS

Current through August 31, 2023
01.
Base Funding
. The Commission will determine the dollar amount to allocate equally to conservation districts on an annual basis. As soon as practicable after the start of the fiscal year, the Commission will immediately distribute base funding to the districts that submitted the required documents during the previous fiscal year. (3-31-22)
02.
Match Funding
. Following determination of base funding, the Commission will review and approve the additional amount of state appropriations available for proportional allocation to each district in match funding. The amount of match funding allocated will be based upon local funds and services received in the previous fiscal year by each conservation district for the general purposes of the district. Funds received for special projects, used as required match for specific grants or projects, or on a fee-for-service basis will not be used to calculate match funding. Once the required documents for match funding are submitted and determined to be complete, the Commission will distribute match funding to each district as soon as practicable. (3-31-22)
03.
Required Documents
. The Commission may require submission of certain documents prior to allocation of base and match funding to districts. These documents may include five (5) year plans, financial and match reports, and performance reports. (3-31-22)
a. The Board of Supervisors shall certify in writing that the district has examined all documentation submitted and that the statements and representations in the documents are true and accurate. (3-31-22)
b. The district shall submit any required documents by a date established by the Commission. (3-31-22)
Idaho Administrative Code › Title IDAPA 61 - Public Defense Commission, State › Rule 61.01.01 - GENERAL PROVISIONS AND DEFINITIONS › Section 61.01.01.002 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
01.
Intermediate Administrative Appeal Procedure
. Except as set forth herein, IDAPA 04.11.01, "Idaho Rules of Administrative Procedure of the Attorney General," shall apply to IDAPA 61. (4-6-23)T
02.
Confidential Information Exempt From Public Records
. Documents containing confidential information and submitted in any administrative proceeding must be redacted or filed under seal. (4-6-23)T
Idaho Administrative Code › Title IDAPA 61 - Public Defense Commission, State › Rule 61.01.01 - GENERAL PROVISIONS AND DEFINITIONS › Section 61.01.01.003 - FILING OF DOCUMENTS

Current through August 31, 2023
Unless otherwise set forth in a Notice of Rulemaking or Order of the Commission or Executive Director, all written communications and documents that are intended to be part of an official record for decision in a rulemaking or contested case must be filed with the Executive Director. No copies in addition to the original document need be filed with the agency unless requested by the Executive Director or Commission. (4-6-23)T
Idaho Administrative Code › Title IDAPA 61 - Public Defense Commission, State › Rule 61.01.02 - REQUIREMENTS AND PROCEDURES FOR REPRESENTING INDIGENT PERSONS › Section 61.01.02.001 - TITLE AND SCOPE

Current through August 31, 2023
This chapter is titled "Requirements and Procedures for Representing Indigent Persons" and contains the minimum requirements for representation of Indigent Persons. (4-6-23)T
Idaho Administrative Code › Title IDAPA 61 - Public Defense Commission, State › Rule 61.01.02 - REQUIREMENTS AND PROCEDURES FOR REPRESENTING INDIGENT PERSONS › Section 61.01.02.010 - DEFINITIONS

Current through August 31, 2023
For the purposes of this chapter, the definitions in IDAPA 61.01.01, "General Provisions and Definitions," apply. (4-6-23)T
Idaho Administrative Code › Title IDAPA 61 - Public Defense Commission, State › Rule 61.01.02 - REQUIREMENTS AND PROCEDURES FOR REPRESENTING INDIGENT PERSONS › Section 61.01.02.020 - COUNTIES TO ADEQUATELY RESOURCE PUBLIC DEFENSE TO ENSURE EFFECTIVE REPRESENTATION IS PROVIDED TO INDIGENT PERSONS AS PROVIDED IN SECTIONS 19-860(2), 19-861(2)-(3), 19-862(1) AND 19-862A(1), (2) AND (8), IDAHO CODE

Current through August 31, 2023
Counties shall ensure effective representation is provided to Indigent Persons by adequately resourcing public defense as follows: (4-6-23)T
01.
Supported Defense Model
. Annually appropriate enough money to fund the public defense model selected under Section  19-859, Idaho Code: (4-6-23)T
a. Employ or contract with attorneys to provide public defense services from the Defending Attorney Roster or, if the attorney is not yet on the Defending Attorney Roster, have the attorney complete and submit to the PDC the Roster form within thirty (30) days from the date of their employment or contract under Section  070  of these rules; (4-6-23)T
b. Employ or contract with qualified staff and contractors with professional certificates, licenses and permissions as required by applicable rules and laws; and (4-6-23)T
c. Provide resources for compliance with Public Defense Rules. (4-6-23)T