reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › d - Particular Rules for Issuance or Revocation of a Certificate of Public Advantage › Section 04.12.01.546 - RECOMMENDATION FOR REVOCATION OF CERTIFICATE - REVIEW BY ATTORNEY GENERAL

Current through August 31, 2023
01.
Staff and Other Recommendations
. If the investigative/prosecutorial staff of the Attorney General recommends to the Attorney General in writing that a certificate of public advantage be revoked, revoked in part or otherwise modified because the benefits resulting from or likely to result from a cooperative agreement under a certificate of public advantage no longer outweigh any disadvantage attributable to any actual or potential reduction in competition resulting from the cooperative agreement, the staff shall serve a copy of the recommendation upon the parties to the agreement and upon their counsel of record for the application, if there was one. If the Office of the Attorney General receives such a recommendation in writing from the public, the Office of the Attorney General shall serve a copy of the recommendation upon the parties to the agreement and upon their counsel of record, if there was one. (3-31-22)
02.
The Attorney General's Response
. The Attorney General shall consider the recommendation to revoke, revoke in part or modify the certificate of public advantage and find whether the recommendation is substantial enough to warrant the initiation of a complaint to formally investigate. The Attorney General's finding that the recommendations warrant further investigation by the initiation of a complaint does not constitute a finding or conclusion on any underlying matter. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › d - Particular Rules for Issuance or Revocation of a Certificate of Public Advantage › Section 04.12.01.547 - PROCEDURE WHEN COMPLAINT ISSUED

Current through August 31, 2023
If the Attorney General accepts a recommendation to initiate a formal investigation by complaint, pursuant to Section  39-4903(12), Idaho Code, the order initiating the complaint shall revoke, revoke in part or modify the certificate of public advantage and inform the parties to the cooperative agreement that they have ten (10) days to contest the revocation, revocation in part or modification of the certificate. An order of revocation, revocation in part or modification of the certificate shall not become effective until ten (10) days have elapsed and the parties to the certificate have not contested the order. If the parties contest the order of revocation, revocation in part or modification, that order shall then be ineffective. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › d - Particular Rules for Issuance or Revocation of a Certificate of Public Advantage › Section 04.12.01.548 - PROCEDURE WHEN REVOCATION CONTESTED

Current through August 31, 2023
If a proposed revocation, revocation in part or modification of a certificate of public advantage is contested, the Attorney General shall appoint a hearing officer to hear the complaint as a contested case. The hearing officer shall issue a preliminary order deciding all issues raised by the complaint following a hearing on the merits or a settlement. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › d - Particular Rules for Issuance or Revocation of a Certificate of Public Advantage › Section 04.12.01.549 - TERMINATION OF COOPERATIVE AGREEMENT

Current through August 31, 2023
If a party to a cooperative agreement terminates its participation in the cooperative agreement, the party shall file a notice of termination with the Office of the Attorney General within thirty (30) days after the termination takes effect. If all parties to the cooperative agreement terminate their participation in the agreement, the Attorney General shall revoke the certificate of public advantage for the agreement. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › e - Hearings - Miscellaneous Procedure › Section 04.12.01.550 - ADOPTION BY REFERENCE OF RULES ADDRESSING HEARINGS AND MISCELLANEOUS PROCEDURE

Current through August 31, 2023
Rules  550  through  566  of the Attorney General's Rules of Administrative Procedure, IDAPA 04.11.01.550 through 04.11.01.566, addressing hearings and miscellaneous procedure, are hereby adopted by reference. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › e - Hearings - Miscellaneous Procedure › Section 04.12.01.551. - 599 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › f - Evidence in Contested Cases › Section 04.12.01.600 - ADOPTION BY REFERENCE OF RULES ADDRESSING EVIDENCE

Current through August 31, 2023
Rules  600  through  606  of the Attorney General's Rules of Administrative Procedure, IDAPA 04.11.01.600 through 04.11.01.606, addressing evidence, are hereby adopted by reference. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › f - Evidence in Contested Cases › Section 04.12.01.601. - 609 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › g - Settlements › Section 04.12.01.610 - ADOPTION BY REFERENCE OF RULES ADDRESSING SETTLEMENTS

Current through August 31, 2023
Rules  610  through  614  of the Attorney General's Rules of Administrative Procedure, IDAPA 04.11.01.610 through 04.11.01.614, addressing settlements, are hereby adopted by reference. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › g - Settlements › Section 04.12.01.611. - 649 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › h - Records for Decisions › Section 04.12.01.650 - ADOPTION BY REFERENCE OF RULES ADDRESSING RECORDS FOR DECISION

Current through August 31, 2023
Rules  650  and  651  of the Attorney General's Rules of Administrative Procedure, IDAPA 04.11.01.650 through 04.11.01.651, addressing records for decision, are hereby adopted by reference. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › h - Records for Decisions › Section 04.12.01.651. - 699 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 4 - Preliminary Orders and Review of Preliminary Orders › a - Defaults › Section 04.12.01.700 - ADOPTION BY REFERENCE OF RULES ADDRESSING DEFAULTS

Current through August 31, 2023
Rules  700  through  702  of the Attorney General's Rules of Administrative Procedure, IDAPA 04.11.01.700 through 04.11.01.702, addressing defaults, are hereby adopted by reference. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 4 - Preliminary Orders and Review of Preliminary Orders › a - Defaults › Section 04.12.01.701. - 709 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 4 - Preliminary Orders and Review of Preliminary Orders › b - Interlocutory, Preliminary and Final Orders - Review or Stay of Orders › Section 04.12.01.710 - ADOPTION BY REFERENCE OF RULES ADDRESSING INTERLOCUTORY, PRELIMINARY AND FINAL ORDERS AND REVIEW OR STAY OF ORDERS

Current through August 31, 2023
Rules  710,  711,  730,  740,  750,  760,  770, and  780  of the Attorney General's Rules of Administrative Procedure, IDAPA 04.11.01.710, 04.11.01.711, 04.11.01.730, 04.11.01.740, 04.11.01.750, 04.11.01.760, 04.11.01.770 and 04.11.017.880, addressing interlocutory, preliminary and final orders and review or stay of orders, are hereby adopted by reference. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 4 - Preliminary Orders and Review of Preliminary Orders › b - Interlocutory, Preliminary and Final Orders - Review or Stay of Orders › Section 04.12.01.711. - 789 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 4 - Preliminary Orders and Review of Preliminary Orders › c - Appeal to District Court › Section 04.12.01.790 - ADOPTION BY REFERENCE OF RULES ADDRESSING APPEAL TO DISTRICT COURT

Current through August 31, 2023
Rules  790  and  791  of the Attorney General's Rules of Administrative Procedure, IDAPA 04.11.01.790 and 04.11.01.791, addressing appeal to district court, are hereby adopted by reference. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 4 - Preliminary Orders and Review of Preliminary Orders › c - Appeal to District Court › Section 04.12.01.791. - 999 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.20.01 - RULES IMPLEMENTING THE IDAHO TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › Section 04.20.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
This chapter is adopted under the legal authority of Title 39, Chapter 84, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.20.01 - RULES IMPLEMENTING THE IDAHO TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › Section 04.20.01.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. This chapter is titled "Rules Implementing the Idaho Tobacco Master Settlement Agreement Complementary Act." (3-31-22)
02.
Scope
. These rules govern compliance with, and seek to implement, Idaho's Tobacco Master Settlement Agreement Complementary Act and also pertain to the sale, stamping and reporting of cigarettes in Idaho. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.20.01 - RULES IMPLEMENTING THE IDAHO TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › Section 04.20.01.002 - WRITTEN INTERPRETATIONS - AGENCY GUIDELINES

Current through August 31, 2023
Written interpretations to these rules in the form of explanatory comments accompanying the notice of proposed rulemaking that originally proposed the rules and review of comments submitted in the rulemaking in the adoption of these rules are published in the Idaho Administrative Bulletin. Any memorandum of understanding or letters explaining the Attorney General's policies concerning administration of these rules will be maintained for public inspection. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.20.01 - RULES IMPLEMENTING THE IDAHO TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › Section 04.20.01.003 - PUBLIC RECORDS ACT COMPLIANCE

Current through August 31, 2023
All filings submitted according to the procedures of this chapter are public records. Any memorandum of understanding or letter explaining the Attorney General's policies concerning administration of these rules are public records available for inspection. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.20.01 - RULES IMPLEMENTING THE IDAHO TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › Section 04.20.01.004 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
Except as provided by CAR 200 and Section  39-8407(1), Idaho Code, there is no provision for administrative appeals. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.20.01 - RULES IMPLEMENTING THE IDAHO TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › Section 04.20.01.005 - DEFINITIONS

Current through August 31, 2023
In addition to those terms set forth in Section  39-7802, Idaho Code, which apply with full force and effect to all provisions and sections of these rules, including rules hereafter amended or supplemented, as used in this chapter: (3-31-22)
01.
Brand Family
. Brand family means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors including, but not limited to, "menthol," "lights," "kings," and "100s," and includes any brand name (alone or in conjunction with any other word) trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes. (3-31-22)
02.
Directory
. Directory means the Directory of Compliant Tobacco Product Manufacturers and Brands, as provided for by Section  39-8403(2), Idaho Code. (3-31-22)
03.
Nonparticipating Manufacturer
. Nonparticipating manufacturer means any tobacco product manufacturer that is not a participating manufacturer. (3-31-22)
04.
Participating Manufacturer
. Participating manufacturer has the same meaning as that term is defined in section II(jj) of the master settlement agreement and all amendments thereto. (3-31-22)
05.
Qualified Escrow Fund
. Qualified escrow fund has the same meaning as that term is defined in Section  39-7802(f), Idaho Code. (3-31-22)
06.
Stamping Agent
. Stamping agent means a person that is authorized or required to affix tax stamps to packages or other containers of cigarettes under Title 63, Chapter 25, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.20.01 - RULES IMPLEMENTING THE IDAHO TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT › Subchapter B - QUARTERLY CERTIFICATIONS AND ESCROW DEPOSITS › Section 04.20.01.100 - QUARTERLY CERTIFICATIONS AND ESCROW DEPOSITS

Current through August 31, 2023
To promote compliance with Section  39-7803(b), Idaho Code, the Attorney General may require nonparticipating manufacturers quarterly to certify their compliance with the Idaho tobacco master settlement agreement act. The Attorney General may also require nonparticipating manufacturers to make the escrow payments required by Section  39-7803(b), Idaho Code, in quarterly installments during the year in which the sales covered by such payments are made. This rule applies to nonparticipating manufacturers who meet any of the following criteria: (3-31-22)
01.
No Previous Escrow Deposit
. Nonparticipating manufacturers that have not previously established and funded a qualified escrow fund in Idaho; (3-31-22)
02.
No Escrow Deposit for More Than One Year
. Nonparticipating manufacturers that have not made any escrow deposits for more than one (1) year; (3-31-22)
03.
Untimely or Incomplete Deposits
. Nonparticipating manufacturers that have failed to make a timely and complete escrow deposit for any prior calendar year; (3-31-22)
04.
Outstanding Judgments
. Nonparticipating manufacturers that have failed to pay any judgment, including any civil penalty; (3-31-22)
05.
Large Sales Volume
. Nonparticipating manufacturers that have more than one million six hundred thousand (1,600,000) of their cigarettes sold during a quarter; and (3-31-22)
06.
Other Reasonable Cause
. In addition to the reasons specified above, the Attorney General may require quarterly escrow deposits from a nonparticipating manufacturer if the Attorney General has reasonable cause to believe the nonparticipating manufacturer may not make its full required escrow deposit by April 15 of the year following the year in which the cigarettes sales were made. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.20.01 - RULES IMPLEMENTING THE IDAHO TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT › Subchapter B - QUARTERLY CERTIFICATIONS AND ESCROW DEPOSITS › Section 04.20.01.101 - DEADLINE FOR QUARTERLY ESCROW DEPOSITS

Current through August 31, 2023
Nonparticipating manufacturers who are required to make quarterly escrow deposits must do so no later than thirty (30) days after the end of the quarter in which the sales are made. For example, the deadline for making a quarterly escrow deposit for cigarette sales occurring in February is April 30 of the same year. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.20.01 - RULES IMPLEMENTING THE IDAHO TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT › Subchapter B - QUARTERLY CERTIFICATIONS AND ESCROW DEPOSITS › Section 04.20.01.102 - DEADLINE FOR SUBMITTING QUARTERLY CERTIFICATION AND NOTIFYING ATTORNEY GENERAL OF QUARTERLY ESCROW DEPOSIT

Current through August 31, 2023
Nonparticipating manufacturers who are required to make quarterly escrow deposits, must provide the Attorney General with official notification of the quarterly escrow deposit no later than ten (10) days after the deadline for which an escrow deposit is required. Nonparticipating manufacturers must also provide their quarterly certifications within the same deadline. For example, the deadline for certifying and officially notifying the Attorney General of a quarterly escrow deposit for sales of cigarettes that occurred in February is May 10 of the same year. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.20.01 - RULES IMPLEMENTING THE IDAHO TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT › Subchapter B - QUARTERLY CERTIFICATIONS AND ESCROW DEPOSITS › Section 04.20.01.103 - QUARTERLY PERIODS DEFINED

Current through August 31, 2023
For purposes of this subchapter, the calendar year shall be divided into the following quarters: January 1 through March 31; April 1 through June 30; July 1 through September 3 0; and October 1 through December 31. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.20.01 - RULES IMPLEMENTING THE IDAHO TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT › Subchapter B - QUARTERLY CERTIFICATIONS AND ESCROW DEPOSITS › Section 04.20.01.104 - UNTIMELY OR INCOMPLETE QUARTERLY CERTIFICATION OR QUARTERLY ESCROW DEPOSIT

Current through August 31, 2023
If the required quarterly escrow deposit is not timely made in full, or the required quarterly certification is not provided to the Attorney General, or the Attorney General does not receive timely official notice of the quarterly escrow deposit, the delinquent nonparticipating manufacturer and its brand families may be removed from the directory. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.20.01 - RULES IMPLEMENTING THE IDAHO TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT › Subchapter C - REVIEW OF DECISIONS TO EXCLUDE OR REMOVE FROM THE DIRECTORY › Section 04.20.01.200 - REVIEW OF ATTORNEY GENERAL DECISIONS RELATED TO EXCLUDING OR REMOVING FROM THE DIRECTORY

Current through August 31, 2023
A determination of the Attorney General to exclude or remove from the directory a brand family or tobacco product manufacturer shall be subject to review in the manner prescribed by Idaho's administrative procedure act, Title 67, Chapter 52, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.20.01 - RULES IMPLEMENTING THE IDAHO TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT › Subchapter D - DIRECTORY › Section 04.20.01.300 - DIRECTORY

Current through August 31, 2023
The Attorney General shall develop, maintain and publish the directory, which shall list all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of Section  398403(1), Idaho Code, and all brand families that are listed in such certifications; provided, however, (3-31-22)
01.
Missing or Noncompliant Certification
. The Attorney General shall not include or retain in such directory the name or brand families of any nonparticipating manufacturer that fails to provide the required certification or whose certification the Attorney General determines is not in compliance with Section  39-8403(1)(b) and (c), Idaho Code, unless the Attorney General has determined that such violation has been cured to the satisfaction of the Attorney General. (3-31-22)
02.
Inadequate Escrow Deposit and Outstanding Judgments
. Neither a tobacco product manufacturer nor a brand family shall be included or retained in the directory if the Attorney General concludes in the case of a nonparticipating manufacturer that: (3-31-22)
a. Any escrow payment required pursuant to Section  39-7803(b), Idaho Code, for any period and for any brand family, whether or not listed by such nonparticipating manufacturer, has not been fully paid into a qualified escrow fund governed by a qualified escrow agreement that has been approved by the Attorney General; or (3-31-22)
b. Any outstanding final judgment, including interest thereon, for a violation of Idaho's tobacco master settlement agreement act has not been fully satisfied for such brand family and such manufacturer. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.20.01 - RULES IMPLEMENTING THE IDAHO TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT › Subchapter D - DIRECTORY › Section 04.20.01.301 - PUBLICATION OF DIRECTORY

Current through August 31, 2023
The directory will be developed and published by September 1, 2003. The directory will be available on the Internet at the Attorney General's website. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.20.01 - RULES IMPLEMENTING THE IDAHO TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT › Subchapter D - DIRECTORY › Section 04.20.01.302 - DIRECTORY UPDATES

Current through August 31, 2023
The Attorney General shall update the directory as necessary in order to correct mistakes and to add or remove a tobacco product manufacturer or brand families to keep the directory in conformity with the requirements of this chapter and Section  39-8403, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.20.01 - RULES IMPLEMENTING THE IDAHO TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT › Subchapter D - DIRECTORY › Section 04.20.01.303 - DIRECTORY UPDATE NOTICES - STAMPING AGENTS

Current through August 31, 2023
The Attorney General shall transmit by electronic mail, if possible, or by other means as are reasonable to each stamping agent, notice of the addition to, or removal from, the directory of any tobacco product manufacturer or brand family. With respect to notices of removal from the directory, such notice shall be provided ten (10) calendar days prior to the Attorney General removing the tobacco product manufacturer or its brand family or both from the directory. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.20.01 - RULES IMPLEMENTING THE IDAHO TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT › Subchapter D - DIRECTORY › Section 04.20.01.304 - DIRECTORY UPDATE NOTICES - TOBACCO PRODUCT MANUFACTURER - ADDITION

Current through August 31, 2023
The first time a tobacco product manufacturer complies with Section  39-8403(1), Idaho Code, the Attorney General shall notify by mail the tobacco product manufacturer of such compliance and that it will be added to the directory. The notice shall also indicate each brand family of the tobacco product manufacturer that the Attorney General has determined will be added to the directory. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.20.01 - RULES IMPLEMENTING THE IDAHO TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT › Subchapter D - DIRECTORY › Section 04.20.01.305 - DIRECTORY UPDATE NOTICES - TOBACCO PRODUCT MANUFACTURER - NONINCLUSION OR REMOVAL

Current through August 31, 2023
The Attorney General shall notify by certified mail to the tobacco product manufacturer's agent for service of process of any decision not to include in or to remove from the directory the tobacco product manufacturer, a brand family of the tobacco product manufacturer, or both. With respect to notices of removal from the directory, such notice shall be provided ten (10) calendar days prior to the Attorney General taking action as provided in the notice. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.20.01 - RULES IMPLEMENTING THE IDAHO TOBACCO MASTER SETTLEMENT AGREEMENT COMPLEMENTARY ACT › Subchapter D - DIRECTORY › Section 04.20.01.306 - BURDEN OF ESTABLISHING ENTITLEMENT TO BE LISTED IN THE DIRECTORY

Current through August 31, 2023
The burden of proof shall be on the tobacco product manufacturer to establish that it or a particular brand family is entitled to be listed in the directory. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.02 - RULES AND STANDARDS FOR SECURE JUVENILE DETENTION CENTERS › Section 05.01.02.001 - SCOPE

Current through August 31, 2023
These rules are established to ensure that the juvenile corrections system in Idaho will be consistently based on the following principles: accountability; community protection; and competency development. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.02 - RULES AND STANDARDS FOR SECURE JUVENILE DETENTION CENTERS › Section 05.01.02.200 - INSPECTION PROVISIONS

Current through August 31, 2023
The Department or its designee has the authority to visit and inspect all juvenile detention facilities to assess such facilities' compliance with these rules and any other standards outlined in Title 20, Chapter 5, Section  20-518, Idaho Code. (3-31-22)
01.
Annual Visits
. Each juvenile detention center is subject to announced or unannounced visits by Department representatives on at least an annual basis. (3-31-22)
02.
Review of Logs, Records, Policy and Procedure Manuals, Memorandums and Reports
. All logs, records, policy and procedures manuals, memorandums, training records, and incident and other reports shall be available for review excluding medical records, personnel records and personnel action reports. Department representatives shall be allowed to observe and privately interview juvenile offenders and staff concerning any matter pertaining to these rules. Department representatives will have access to all parts of the detention center for the purpose of inspecting the physical plant. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.02 - RULES AND STANDARDS FOR SECURE JUVENILE DETENTION CENTERS › Section 05.01.02.201 - DEPARTMENT PREPARED WRITTEN REPORT OR THEIR AGENTS

Current through August 31, 2023
Department representatives shall prepare a written report of each inspection within ninety (90) days following such inspection and provide copies to the appropriate detention center administrator with copies to the governing body and the county attorney. The report will additionally be submitted to the Director for consideration and review of the issuance or renewal of a certificate. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.02 - RULES AND STANDARDS FOR SECURE JUVENILE DETENTION CENTERS › Section 05.01.02.202 - COMPLIANCE WITH STANDARDS ENFORCED

Current through August 31, 2023
Upon completion of an inspection, the Department will send notice of such compliance or noncompliance to the detention center administrator, governing body responsible for the detention center, and Idaho County Risk Management Program where applicable. (3-31-22)
01.
Development of a Plan of Corrective Action
. Upon receipt of a notice of noncompliance from the Department, the detention center administrator and governing body shall develop a plan of corrective action to correct the deficiencies cited in the report. The plan shall include a description of the nature of noncompliance for each standard cited, the steps to be taken to correct the deficiency, and a projected completion date. Inspection representatives shall be available to advise and consult concerning an appropriate corrective action. The plan shall be submitted no later than sixty (60) days from receipt of notice to the Department for approval. (3-31-22)
02.
Demonstration of Meaningful Progress Toward Achieving Compliance
. Meaningful progress toward achieving compliance according to the submitted plan must be demonstrated during the time frame approved by the Department in the corrective action plan. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.02 - RULES AND STANDARDS FOR SECURE JUVENILE DETENTION CENTERS › Section 05.01.02.203 - CONFORMITY WITH APPLICABLE LAWS AND REGULATIONS

Current through August 31, 2023
Juvenile detention centers shall conform to laws, rules, and regulations adopted by the federal government, state of Idaho, the county, and the municipality in which such detention center is located including, but not limited to, all applicable public health, safety, fire codes, building regulations, and interstate compact regulations. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.02 - RULES AND STANDARDS FOR SECURE JUVENILE DETENTION CENTERS › Section 05.01.02.204 - STANDARDS COMMITTEE

Current through August 31, 2023
A standing committee shall be created for the purpose of reviewing the standards, petitions for exemption from standards and requests for modification of standards. The committee will be made up of three committee members: one (1) representative and one (1) alternate from the detention center administrators, one (1) representative and one (1) alternate county commissioner, and one (1) representative from the Department. Final appointment of all Standards Committee members and alternates are made by the Director. The detention center representative of detention center administrators and county commissioner representative should not be from the same judicial district. Alternates should not be from the same judicial district as their corresponding representative. Committee members' terms will run two (2) years starting on October 1 of the year in which the member is nominated and approved. If the petition for exemption or request for modification is initiated from the same district as a committee representative, that committee representative will abstain and the alternate will serve in place of said representative. (3-31-22)
01.
Standards Committee Meetings
. The Standards Committee will meet at least biennially to review the Juvenile Detention Center Standards, requests for modification of standards, or petitions for exemptions. The Standards Committee will also meet when the Director determines that a special meeting is necessary to review the juvenile detention center standards, requests for modification of standards, or petitions for exemptions. (3-31-22)
02.
Requests for Modification of Standards
. In the event a standard becomes obsolete or unworkable, a request for modification may be filed with the Director. The request letter must represent the views of at least three detention center administrators and contain their signatures. The Director will then make determinations as to the necessity, scheduling and convening of a special meeting of the Standards Committee. If convened, the Standards Committee will review the request, prepare and submit its written recommendations to the Director. The Director retains the authority to make the final decision to promulgate rules or allow the standards to remain unmodified. (3-31-22)
03.
Modification of Standards by the Standards Committee
. In the event that the Standards Committee determines that a standard is obsolete, unworkable, unclear, or otherwise unreasonable, the committee may submit written recommendations to the Director for changes to the standards, along with explanations regarding the reasons for the requested changes. The Director retains the authority to make the final decision to promulgate rules or allow the standards to remain unmodified. Any modification of the standards must be promulgated as rules in accordance with the Idaho Administrative Procedures Act. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.02 - RULES AND STANDARDS FOR SECURE JUVENILE DETENTION CENTERS › Section 05.01.02.210 - DETENTION CENTER ADMINISTRATION

Current through August 31, 2023
01.
Legal Entity
. The public or private agency operating a detention center is a legal entity, part of a legal entity, or a political subdivision. (3-31-22)
02.
Governing Body
. Governing body means any public or private entity established or delegated as a source of legislative or administrative authority to provide the fiscal needs of the detention center administrator so that he may carry out the provisions of these rules. (3-31-22)
03.
Detention Center Administrator
. The detention center shall have a designated administrator who is responsible for all detention center operations. (3-31-22)
04.
Mission Statement
. The detention center shall have a written mission statement which describes its philosophy and goals. (3-31-22)
05.
Policy and Procedures
. The detention center administrator shall develop and maintain written policy and procedures which safeguard the basic rights of juvenile offenders and safeguard the juvenile offenders' freedom from discrimination based upon sex, race, creed, religion, national origin, disability, or political belief and establish practices that are consistent with fundamental legal principles, sound correctional practices, and humane treatment. These written policy and procedures shall be reviewed on a regular basis, updated as needed and made available to all detention center employees. The policy and procedures manual shall submitted to the prosecuting attorney or other legal authority for review and approved by county commissioners or other governing authority. After such approval, a copy of the policy and procedures manual shall be submitted to the Department. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.02 - RULES AND STANDARDS FOR SECURE JUVENILE DETENTION CENTERS › Section 05.01.02.212 - STAFF REQUIREMENTS AND STAFF DEVELOPMENT

Current through August 31, 2023
01.
Twenty-Four Hour Supervision
. The detention center shall be staffed by detention center employees on a twenty-four (24) hour basis when juvenile offenders are being housed. (3-31-22)
02.
Staffing
. The detention center shall have staff to perform all functions relating to security, supervision, services and programs as needed to operate the detention center. The detention center shall have policy and procedures in place governing staffing and submit a staffing plan to the Department as requested. It is recommended that each secure juvenile facility shall maintain staff ratios of a minimum of one to eight (1:8) plus one (1) during resident waking hours and one to sixteen (1:16) during resident sleeping hours, except during limited and discrete exigent circumstances, which need full documentation. (3-31-22)
a. If the detention center houses eight (8) or fewer juvenile offenders, there should be at least one (1) direct care staff and one (1) other staff awake at all times. (3-31-22)
b. If the detention center houses more than eight (8) juvenile offenders, there should be one (1) direct care staff for each eight (8) juvenile offenders plus one (1) additional staff awake at all times. Example: if the detention center houses thirty-two (32) juvenile offenders, four (4) direct care staff would be recommended (one (1) staff to eight (8) juvenile offenders), plus one (1) additional staff for a total of five (5) staff. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.02 - RULES AND STANDARDS FOR SECURE JUVENILE DETENTION CENTERS › Section 05.01.02.215 - DETENTION CENTER INFORMATION SYSTEMS

Current through August 31, 2023
01.
Records
. The detention center shall have written policy and procedures to govern the collection, management, and retention of information pertaining to juvenile offenders and the operation of the detention center. Written policy and procedures will address, at a minimum, the following: (3-31-22)
a. Accuracy of information, including procedures for verification; (3-31-22)
b. Security of information, including access and protection from unauthorized disclosure; (3-31-22)
c. Content of records; (3-31-22)
d. Maintenance of records; (3-31-22)
e. Length of retention; and (3-31-22)
f. Method of storage or disposal of inactive records. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.02 - RULES AND STANDARDS FOR SECURE JUVENILE DETENTION CENTERS › Section 05.01.02.216 - DOCUMENTATION

Current through August 31, 2023
01.
Shift Log
. The detention center shall maintain documentation including time notations on each shift which includes the following information, at a minimum: (3-31-22)
a. Direct care staff on duty; (3-31-22)
b. Time and results of security or well-being checks and head counts; (3-31-22)
c. Names of juvenile offenders received or discharged with times recorded; (3-31-22)
d. Names of juvenile offenders temporarily released or returned for such purposes as court appearances, work/education releases, furloughs, or other authorized absences from the detention center with times recorded; (3-31-22)
e. Time of meals served; (3-31-22)
f. Times and shift activities, including any action taken on the handling of any routine incidents; (3-31-22)
g. Notation and times of entry and exit of all visitors, including physicians, attorneys, volunteers, and others; (3-31-22)
h. Notations and times of unusual incidents, problems, disturbances, escapes; (3-31-22)
i. Notations and times of any use of emergency or restraint equipment; and (3-31-22)
j. Notation and times of perimeter security checks. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.02 - RULES AND STANDARDS FOR SECURE JUVENILE DETENTION CENTERS › Section 05.01.02.217 - MEDICAL INFORMATION

Current through August 31, 2023
01.
Medical Files
. The health authority shall maintain medical records for each juvenile offender which are kept separate from other records. (3-31-22)
02.
Access to Medical Files
. The detention center administrator, in conjunction with the health authority, shall establish procedures to determine access to medical files in accordance with privacy laws. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.02 - RULES AND STANDARDS FOR SECURE JUVENILE DETENTION CENTERS › Section 05.01.02.223 - SAFETY AND EMERGENCY PROCEDURES

Current through August 31, 2023
01.
Emergency Plan
. The detention center shall have written policy and procedures that address safety plans for responding to emergency situations. (3-31-22)
02.
Compliance with Fire Code
. The detention center shall comply with local and state fire codes. A request for an annual inspection shall be made to the local fire marshal or authorized agency. The detention center needs to maintain documentation of this inspection. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.02 - RULES AND STANDARDS FOR SECURE JUVENILE DETENTION CENTERS › Section 05.01.02.224 - DETENTION CENTER SECURITY

Current through August 31, 2023
01.
Security and Control Policy
. The detention center's policy and procedures manual shall contain all procedures for detention center security and control, with detailed instructions for implementing these procedures, and are reviewed at least annually and updated as needed. The manual shall be made available to all staff. (3-31-22)
02.
Personal Observation
. The detention center shall have written policy and procedures that govern the observation of all juvenile offenders and shall, at a minimum, require direct care staff to personally observe all juvenile offenders every thirty (30) minutes on an irregular schedule and the time of such checks shall be logged. More frequent checks should be made of juvenile offenders who are violent, suicidal, mentally ill, or who have other special problems or needs warranting closer observation. (3-31-22)
03.
Cross Gender Supervision
. The detention center shall have written policy and procedures governing supervision of female juvenile offenders by male employees and male juvenile offenders by female employees which shall be based on privacy needs and legal standards. Except in emergencies, detention center employees shall not observe juvenile offenders of the opposite sex in shower areas. Reasonable accommodation of privacy needs shall be observed. (3-31-22)
04.
Head Counts
. The detention center shall have written policy and procedures which shall outline a system to physically count or account for all juvenile offenders, including juvenile offenders on work release, educational release, or other temporary leave status who may be absent from the detention center for certain periods of the day. At least three (3) documented counts shall be conducted every twenty-four (24) hours. At least one (1) count shall be conducted each shift with at least four (4) hours between each count. (3-31-22)
05.
Camera Surveillance
. Camera surveillance equipment shall not be used in place of the personal observation of juvenile offenders. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.02 - RULES AND STANDARDS FOR SECURE JUVENILE DETENTION CENTERS › Section 05.01.02.225 - PHYSICAL INTERVENTION

Current through August 31, 2023
01.
Appropriate Use of Physical Intervention
. The detention center shall have written policy and procedures which govern the use of physical intervention. (3-31-22)
a. The use of physical intervention shall be restricted to the following situations, and then only to the degree necessary to restore order: (3-31-22)
i. Instances of justifiable self-protection; (3-31-22)
ii. The protection of others; (3-31-22)
iii. The protection of property; (3-31-22)
iv. The prevention of escapes; and (3-31-22)
v. The suppression of disorder. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.01.02 - RULES AND STANDARDS FOR SECURE JUVENILE DETENTION CENTERS › Section 05.01.02.226 - PERIMETER SECURITY CHECKS AND SECURITY INSPECTIONS

Current through August 31, 2023
01.
Perimeter Security Checks
. The detention center shall have written policy and procedures which govern the frequency and performing of perimeter security checks. (3-31-22)
02.
Security Inspections
. The detention center shall have written policy and procedures that require timely notification to the detention center administrator or designee of any structural or security deficiencies. The detention center administrator shall promptly correct any identified problems. The facility shall maintain documentation of any corrective action. (3-31-22)