reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
This chapter is adopted under the legal authority of Section
				18-8314(3), Idaho
				Code, to implement the provisions of Sections
				18-8312 through
				18-8316, Idaho Code.
				(3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.001 - SCOPE

Current through August 31, 2023
01.
Scope
. These rules provide
			 procedures for the Sexual Offender Management Board to: (3-23-22)
a. Establish certified evaluator, sexual
			 offender treatment provider and post conviction sexual offender polygraph
			 examiner qualifications; (3-23-22)
b. Establish standards for psychosexual
			 evaluations and sexual offender treatment programs based on current and
			 evolving best practices; (3-23-22)
c. Approve, issue, renew, deny, suspend,
			 revoke, restrict or otherwise monitor a certification; (3-23-22)
d. Establish fees for initial and renewal
			 certification; (3-23-22)
e.
			 Establish procedures for standards and qualification quality assurance; and
			 (3-23-22)
f. Establish standard
			 protocols for sexual offender management, assessment and classification.
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.003 - INCORPORATION BY REFERENCE

Current through August 31, 2023
The following documents are incorporated by reference into
				these rules: (3-23-22)
01.
The
			 American Association of Police Polygraphists "Standards and Principles," ©
			 AAPP 2018 v.14.110
, is herein incorporated by reference and is available
			 from the American Association of Police Polygraphists, PO Box 657, Waynesville,
			 Ohio 45068, website
			 https://www.americanassociationofpolicepolygraphists.org/web/public/standards.
			 (3-23-22)
02.
The American
			 Polygraph Association "Standards of Practice," effective August 23, 2019, and
			 "Code of Ethics," effective September 1, 2015
, are herein incorporated
			 by reference and are available from the American Polygraph Association, PO Box
			 8037, Chattanooga, Tennessee 37414, website
https://www.polygraph.org
.
			 (3-23-22)
03.
"Idaho Sexual
			 Offender Management Board Standards and Guidelines for Adult Sexual Offender
			 Management Practices,"
October 2020 revision, is herein incorporated by
			 reference and is available from the Board's office and on the Board website,
https://somb.idaho.gov/
.
			 (3-23-22)
04.
"Idaho Sexual
			 Offender Management Board Standards and Guidelines for Practitioners,
			 Evaluations and Treatment of Juvenile Sexual Offenders,"
October 2020
			 revision, is herein incorporated by reference and is available from the Board's
			 office and on the Board's website,
https://somb.idaho.gov/
.
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.011 - ABBREVIATIONS

Current through August 31, 2023
01.
APA
. The American Polygraph
			 Association. (3-23-22)
02.
PCSOT
. "Post conviction sexual offender testing" is specialized
			 instruction beyond the basic polygraph training for the purpose of specific
			 polygraph testing of post convicted sexual offenders. (3-23-22)
03.
SOCB
. The Sexual Offender
			 Classification Board. (3-23-22)
04.
SOMB
. The Sexual Offender Management Board. (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.020 - RECORDKEEPING

Current through August 31, 2023
01.
Certificate Holders
. Records
			 on all applicants and certifications issued, renewed, denied, suspended,
			 revoked, or otherwise monitored shall be maintained for a period not less than
			 five (5) years. (3-23-22)
02.
Violent Sexual Predators
. The file on a sexual offender who was
			 designated as a violent sexual predator by the SOCB is maintained by the Board
			 and is considered the official file for all purposes. (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.021 - BOARD MEETINGS

Current through August 31, 2023
The Board meets at least quarterly and may meet more
				frequently. All business of the Board is conducted in compliance with the open
				meeting law, pursuant to Title 67, Chapter 23, Idaho Code, and Section
				18-8315, Idaho Code.
				(3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.040 - CERTIFIED EVALUATOR QUALIFICATIONS

Current through August 31, 2023
01.
Certified Evaluators
. Each evaluator who conducts or assists with the
			 conduct of a psychosexual evaluation pursuant to Section
			 18-8316, Idaho Code, must meet the
			 qualifications as set forth in the established standards issued by the Board
			 and be certified by the Board. (3-23-22)
a.
			 Certification approval is specific to adult or juvenile clients.
			 (3-23-22)
b. A certificate holder
			 may be separately approved to provide services to both adult and juvenile
			 clients. (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.041 - LEVELS OF PSYCHOSEXUAL EVALUATOR CERTIFICATION

Current through August 31, 2023
The Board issues certificates within three (3) levels
				reflective of a person's training and experience specific to the population to
				be served: (3-23-22)
01.
Senior/Approved Psychosexual Evaluator
. (3-23-22)
a. Possesses a valid Idaho license to
			 practice as a psychiatrist or master's or doctoral level psychologist, social
			 worker, professional counselor, or marriage and family therapist.
			 (3-23-22)
b. Has engaged in a
			 combination of direct, face-to-face clinical practice with sexual offenders and
			 received specialized training for a minimum of one thousand five hundred
			 (1,500) hours. Of this requirement, a minimum of five hundred (500) combined
			 hours shall have been accumulated within the three (3) years immediately
			 preceding an initial application for certification at this level, as set forth
			 in the established standards issued by the Board; and (3-23-22)
c. Has conducted a minimum of nine (9)
			 psychosexual evaluations within the three (3) years preceding an initial
			 application for certification at this level. (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.080 - SEXUAL OFFENDER TREATMENT PROVIDER QUALIFICATIONS

Current through August 31, 2023
01.
Certified Sexual Offender Treatment
			 Provider
. Each person who provides treatment to sexual offenders as
			 ordered or required by the court, Idaho Department of Correction, Idaho
			 Commission for Pardons and Parole, or the Idaho Department of Juvenile
			 Corrections, in accordance with Section
			 18-8314, Idaho Code, must meet the
			 qualifications as set forth in the established standards issued by the Board
			 and be certified by the Board. (3-23-22)
a.
			 Certification approval is specific to adult or juvenile clients.
			 (3-23-22)
b. A certificate holder
			 may be separately approved to provide services to both adult and juvenile
			 clients. (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.081 - LEVELS OF SEXUAL OFFENDER TREATMENT PROVIDER CERTIFICATION

Current through August 31, 2023
The Board issues certificates within three (3) levels
				reflective of a person's training and experience specific to the population to
				be served: (3-23-22)
01.
Senior/Approved Sexual Offender Treatment Provider
. (3-23-22)
a. Possesses a valid license to practice in
			 this state or another state or jurisdiction as a psychiatrist or master's or
			 doctoral level psychologist, social worker, professional counselor, or marriage
			 and family therapist; and (3-23-22)
b. Has engaged in a combination of direct,
			 face-to-face clinical practice with sexual offenders and received specialized
			 training for a minimum of one thousand five hundred (1,500) hours. Of this
			 requirement, a minimum of five hundred (500) combined hours shall have been
			 accumulated within the three (3) years immediately preceding an initial
			 application for certification at this level, as set forth in the established
			 standards issued by the Board. (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.100 - SPECIALIZED TRAINING FOR PSYCHOSEXUAL EVALUATORS AND SEXUAL OFFENDER TREATMENT PROVIDERS

Current through August 31, 2023
For initial certification as a psychosexual evaluator or sexual
				offender treatment provider, an applicant must have participated in specialized
				training in the field of sexual abuse, as set forth in the established
				standards issued by the Board. Sources for such training may be formal
				conferences, symposia, seminars and workshops in areas such as:
				(3-23-22)
01.
Sexually Abusive
			 Behavior
. Contemporary research regarding the etiology of sexually
			 abusive behavior; (3-23-22)
02.
Offending Behavior
. Research-identified risk factors for the
			 development and continuation of sexually abusive/offending behavior;
			 (3-23-22)
03.
Assessment,
			 Treatment, and Management of Adult or Juvenile Sex Offenders
.
			 Contemporary research and practice in the areas of assessment, treatment, and
			 management of adult or juvenile sex offenders; (3-23-22)
04.
Specific Risk Assessment
			 Tools
. Research-supported, sex offender-specific risk assessment tools;
			 and (3-23-22)
05.
Deviant
			 Sexual Arousal and/or Interests
. Physiological assessment of deviant
			 sexual arousal and/or interests. (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.101 - CONTINUING EDUCATION FOR PSYCHOSEXUAL EVALUATORS AND SEXUAL OFFENDER TREATMENT PROVIDERS

Current through August 31, 2023
To maintain certification as a psychosexual evaluator or sexual
				offender treatment provider, a certificate holder must receive continuing
				education in the field of sexual abuse. (3-23-22)
01.
Senior/Approved and
			 Associate/Supervised Certification Levels
. A psychosexual evaluator or
			 sexual offender treatment provider who is certified at a senior/approved or an
			 associate/supervised level must receive a minimum of forty (40) hours of
			 specialized continuing education in the form of formal conferences, symposia,
			 seminars, workshops or on-line training over the course of the two-year period
			 prior to each renewal period as set forth in the established standards issued
			 by the Board. A certificate holder not meeting the continuing education
			 requirements may formally petition the SOMB for a sixty-day extension to submit
			 proof of meeting continuing education requirements. (3-23-22)
02.
Provisional/Supervised
			 Certification Level
. A provisional/supervised psychosexual evaluator or
			 sexual offender treatment provider must receive a minimum of twenty (20) hours
			 of specialized continuing education in the form of formal conferences,
			 symposia, seminars, workshops or on-line training annually as set forth in the
			 established standards issued by the Board. A certificate holder not meeting the
			 continuing education requirements may formally petition the SOMB for a
			 sixty-day extension to submit proof of meeting continuing education
			 requirements. (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.150 - REQUEST FOR CONDITIONAL WAIVER

Current through August 31, 2023
01.
Conditional Waiver
. The Board may consider an initial applicant's
			 request for a time limited conditional waiver for deficiencies in experience
			 and specialized training qualifications as set forth in the established
			 standards issued by the Board. (3-23-22)
02.
Duration
. A conditional
			 waiver is limited to a period of two (2) years. Conditional waivers may not be
			 extended or renewed after the third year. (3-23-22)
03.
Frequency
. A conditional
			 waiver request shall only be considered one (1) time for an initial
			 certification application for psychosexual evaluator and sexual offender
			 treatment provider applicants at the senior/ approved or associate/supervised
			 level. (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.152 - RECIPROCITY

Current through August 31, 2023
The Board may consider reciprocity for any applicant who has
				been licensed or certified to conduct psychosexual evaluations or sexual
				offender treatment in another state or jurisdiction as set forth in the
				established standards issued by the Board. (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.153 - EXCLUSION

Current through August 31, 2023
Each mental health employee of the Idaho Department of
				Correction or Idaho Department of Juvenile Corrections who conducts
				psychosexual evaluations or provides sexual offender treatment is exempt from
				the certification process. This exemption shall only apply while the employee
				is acting within the course and scope of his employment with the applicable
				agency. (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.154 - REQUEST FOR CHANGE IN CERTIFICATION LEVEL

Current through August 31, 2023
01.
Request to Advance in Level of Certification
. A certificate holder
			 may apply at any time during an effective certification to advance to the next
			 higher level of certification provided that he meets the established
			 qualifications and requirements as set forth in the established standards
			 issued by the Board. (3-23-22)
02.
Request to Change to a Less Independent Level of Certification
. A
			 certificate holder may apply at any time during an effective certification for
			 a reduction in his level of certification in the event that he no longer meets
			 the established qualifications and requirements for his current level of
			 certification as set forth in the established standards issued by the Board.
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.155 - APPLICATION FOR CHANGE IN CERTIFICATION LEVEL

Current through August 31, 2023
Application for change in certification level shall be on a
				form provided by the Board and submitted with the required supporting
				documentation and applicable renewal application processing fee:
				(3-23-22)
01.
Advance to
			 Senior/Approved Level of Certification Application Fee
. A non-refundable
			 renewal application fee payable to the Board in the amount of fifty dollars
			 ($50) provided that the application is submitted three hundred sixty-five (365)
			 days or more after the most recent effective certification date. The
			 application fee shall be waived if submission is within three hundred
			 sixty-five (365) days from the most recent effective certification date.
			 (3-23-22)
02.
Advance to
			 Associate/Supervised Level of Certification Application Fee
. A
			 non-refundable renewal application fee payable to the Board in the amount of
			 thirty dollars ($30) provided that the application is submitted three hundred
			 sixty-five (365) days or more after the most recent effective certification
			 date. The application fee shall be waived if submission is within three hundred
			 sixty-five (365) days from the most recent effective certification date.
			 (3-23-22)
03.
Change to a
			 Less Independent Level of Certification Application Fee
. A
			 non-refundable renewal application fee payable to the Board in the amount of
			 fifty dollars ($50) provided that the application is submitted three hundred
			 sixty-five (365) days or more after the most recent effective certification
			 date. The application fee shall be waived if submission is within three hundred
			 sixty-five (365) days from the most recent effective certification date.
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.200 - POST CONVICTION SEXUAL OFFENDER POLYGRAPH EXAMINER QUALIFICATIONS

Current through August 31, 2023
01.
Certified Examiner
. Each
			 person who conducts post conviction sexual offender polygraphs as ordered or
			 required by the court, Idaho Department of Correction, or Idaho Commission for
			 Pardons and Parole, in accordance with Section
			 18-8314, Idaho Code, must meet the
			 qualifications as set forth in the established standards issued by the Board
			 and be certified by the Board. There shall not be a separate certification
			 specific to adult or juvenile clients. (3-23-22)
02.
Certification Requirements
.
			 Minimum requirements for certification as a sexual offender treatment provider
			 include criteria and requirements in the following categories: (3-23-22)
a. Educational requirements;
			 (3-23-22)
b. Experience
			 requirements; (3-23-22)
c.
			 Specialized training requirements; and (3-23-22)
d. Continuing education and professional
			 development requirements. (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.201 - LEVELS OF POST CONVICTION SEXUAL OFFENDER POLYGRAPH EXAMINER CERTIFICATION

Current through August 31, 2023
The Board issues certificates within two (2) levels reflective
				of a person's experience in conducting post conviction sexual offender
				polygraphs. (3-23-22)
01.
Senior/Approved Post Conviction Sexual Offender Polygraph Examiner
.
			 (3-23-22)
a. Has graduated from an
			 APA-accredited polygraph school; (3-23-22)
b. Has successfully completed a minimum of
			 forty (40) hours of formal post conviction sexual offender polygraph testing
			 beyond the basic polygraph training course requirements from an APA-accredited
			 program or school; and (3-23-22)
c.
			 Has successfully completed a minimum of one hundred (100) polygraph
			 examinations. Of this requirement, a minimum of ten (10) sexual history
			 polygraph examinations and a minimum of ten (10) PCSOT maintenance polygraph
			 examinations shall have been conducted within the three (3) years immediately
			 preceding an initial application for certification at this level, as set forth
			 in the established standards issued by the Board; (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.231 - CONTINUING EDUCATION FOR POST CONVICTION SEXUAL OFFENDER POLYGRAPH EXAMINERS

Current through August 31, 2023
To maintain certification as a post conviction sexual offender
				polygraph examiner, a certificate holder must receive a minimum of thirty (30)
				hours of continuing education related to the field of polygraphy in the form of
				formal conferences, symposia, seminars, or workshops over the course of the
				two-year period prior to each renewal period as set forth in the established
				standards issued by the Board. A certificate holder not meeting the continuing
				education requirements may formally petition the SOMB for a sixty-day extension
				to submit proof of meeting continuing education requirements. (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.300 - STANDARDS FOR PROFESSIONAL CONDUCT AND CLIENT RELATIONS

Current through August 31, 2023
01.
General Considerations for
			 Certified Evaluators and Certified Treatment Providers
. Each person who
			 is certified by the Board to conduct or assist with the conduct of psychosexual
			 evaluations or provide sexual offender treatment shall: (3-23-22)
a. Adhere to the ethical principles and
			 codes, and all practice standards and guidelines for the person's respective
			 discipline and area of professional licensure; (3-23-22)
b. Be knowledgeable of statutes and
			 scientific data relevant to specialized sexual offender evaluation and sexual
			 offender treatment; (3-23-22)
c. Be
			 familiar with the statutory requirements for assessments and reports for the
			 courts, pursuant to Section
			 18-8316, Idaho Code;
			 (3-23-22)
d. Be committed to
			 community protection and safety; (3-23-22)
e. Provide services in a manner that ensures
			 humane and ethical treatment of clients; (3-23-22)
f. Conduct testing in accordance with the
			 person's licensing body, qualifications and experience, and in a manner that
			 ensures the integrity of testing data; (3-23-22)
g. Avoid relationships with clients that may
			 constitute a conflict of interest, impair professional judgment and risk
			 exploitation; and (3-23-22)
h. Have
			 no sexual relationships with any client. (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.330 - INITIAL CERTIFICATION APPLICATION

Current through August 31, 2023
An applicant seeking certification by the Board must submit a
				completed application on forms provided by the Board for the applicant's area
				of practice and client population, if applicable, accompanied by documentation
				as outlined in the established standards issued by the Board and an initial
				certification application fee made payable to the Board. (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.331 - EXPIRATION AND RENEWAL OF CERTIFICATION

Current through August 31, 2023
No certification shall be renewed, except as follows:
				(3-23-22)
01.
Renewal
. At
			 least thirty (30) days prior to the expiration of a certification, a
			 certificate holder shall apply for renewal of the certification on forms
			 provided by the Board for the applicant's area of practice and client
			 population, if applicable, accompanied by documentation as outlined in the
			 established standards issued by the Board and a renewal certification
			 application fee made payable to the Board. (3-23-22)
02.
Removal from the Roster
. A
			 certificate holder who has not renewed his certification shall be removed from
			 the central roster. (3-23-22)
03.
Renewal After Certification Expiration
. A certificate holder whose
			 certification has expired may reapply at any time for certification as follows:
			 (3-23-22)
a. A certificate holder whose
			 certification has been expired for less than three hundred sixty-five (365)
			 days may reapply following the certification renewal process as referenced in
			 Subsection 331.01 of these rules.
			 (3-23-22)
b. A certificate holder
			 whose certification has been expired for three hundred sixty-five (365) days or
			 longer may reapply for certification following the initial certification
			 process as referenced in Section
			 330 of these rules.
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.332 - FEES

Current through August 31, 2023
The following non-refundable application processing fees are
				established by the Board: (3-23-22)
01.
Initial Certification
.
			 Application processing fees for initial certification are: (3-23-22)
a. Senior/Approved Psychosexual Evaluator,
			 Treatment Provider, or Post Conviction Sexual Offender Polygraph Examiner -
			 Seventy-five dollars ($75). (3-23-22)
b. Associate/Supervised Psychosexual
			 Evaluator, Treatment Provide, or Post Conviction Sexual Offender Polygraph
			 Examiner - Seventy-five dollars ($75). (3-23-22)
c. Provisional/Supervised Psychosexual
			 Evaluator or Treatment Provider - Fifty dollars ($50).
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.333 - CERTIFICATION PERIOD

Current through August 31, 2023
Provided that the certificate holder continues to meet the
				criteria for certification and such certification has not been suspended,
				revoked, otherwise restricted or placed on voluntary inactive status, the
				effective period for certification is as follows: (3-23-22)
01.
Senior/Approved Psychosexual
			 Evaluator or Treatment Provider
. Certification shall remain in effect
			 for two (2) years. Certification renewal shall typically occur during the
			 certificate holder's month of birth two (2) years following initial
			 certification and every two (2) years thereafter. (3-23-22)
02.
Associate/Supervised Psychosexual
			 Evaluator or Treatment Provider
. Certification shall remain in effect
			 for two (2) years. Certification renewal shall typically occur during the
			 certificate holder's month of birth two (2) years following initial
			 certification and every two (2) years thereafter. (3-23-22)
03.
Provisional/Supervised Psychosexual
			 Evaluator or Treatment Provider
. Certification shall remain in effect
			 for one (1) year. Certification renewal shall typically occur during the
			 certificate holder's month of birth one (1) year following initial
			 certification and annually thereafter. Certification at the
			 provisional/supervised level is limited to a period of three (3) years, at
			 which time the certificate holder must meet minimum requirements for upgrade to
			 the associate/supervised level to be eligible for certification renewal.
			 (3-23-22)
04.
Senior/Approved Post Conviction Sexual Offender Polygraph Examiner
.
			 Certification shall remain in effect for two (2) years. Certification renewal
			 shall typically occur during the certificate holder's month of birth two (2)
			 years following initial certification and every two (2) years.
			 (3-23-22)
05.
Associate/Supervised Post Conviction Sexual Offender Polygraph Examiner
.
			 Certification shall remain in effect for two (2) years from the certificate
			 holder's month of birth following initial certification. Thereafter, the
			 certificate holder must meet minimum requirements for upgrade to the
			 senior/approved level to be eligible for certification renewal.
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.334 - APPLICABILITY AND NOTIFICATION OF CHANGES

Current through August 31, 2023
Certification shall only apply to the person named therein and
				is not transferable. The Board must be notified in writing within thirty (30)
				days of any change in the certificate holder's name, business address or phone
				number. (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.335 - REQUEST FOR PLACEMENT ON INACTIVE STATUS

Current through August 31, 2023
Any certificate holder may request placement on inactive status
				by submitting a written request to the SOMB specifying the reasons for the
				request and indicating the inactive status effective date. A certificate holder
				who is placed on inactive status shall be removed from the central roster of
				certified evaluators, treatment providers and post conviction sexual offender
				polygraph examiners. A person who has been placed on inactive status may
				reapply for certification in accordance with the established standards issued
				by the Board. (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.350 - CENTRAL ROSTER OF PSYCHOSEXUAL EVALUATORS, SEXUAL OFFENDER TREATMENT PROVIDERS AND POST CONVICTION SEXUAL OFFENDER POLYGRAPH EXAMINERS

Current through August 31, 2023
01.
Identification
. The Board
			 shall publish a central roster of psychosexual evaluators, sexual offender
			 treatment providers and post conviction sexual offender polygraph examiners
			 pursuant to Sections
			 18-8312 through
			 18-8316, Idaho Code, indicating:
			 (3-23-22)
a. The certificate holder's name;
			 (3-23-22)
b. The certificate
			 holder's business address and telephone number; (3-23-22)
c. Whether the certificate holder is
			 certified or approved by conditional waiver; (3-23-22)
d. The category and applicable level of
			 certification; (3-23-22)
e. The
			 expiration date of the certification or conditional waiver; (3-23-22)
f. Whether the certificate holder is approved
			 to provide services to adult or juvenile clients, or both; and
			 (3-23-22)
g. Current formal
			 disciplinary action imposed on a certificate holder by the Board.
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.380 - DENIAL AND GROUNDS FOR DISCIPLINE

Current through August 31, 2023
01.
Cause
. The Board may deny, suspend, revoke, restrict or otherwise
			 monitor certification of an applicant or certificate holder for the following
			 reasons: (3-23-22)
a. Failure to meet or
			 maintain the minimum eligibility criteria and qualifications for certification;
			 (3-23-22)
b. Falsification of any
			 information or documentation, or concealing a material fact in the application
			 for certification, or during any investigation or quality assurance review;
			 (3-23-22)
c. Misrepresentation of
			 current level or designation of certification, or practicing outside the scope
			 or current level or designation of certification; (3-23-22)
d. Failure to comply with Section
			 18-8316, Idaho Code, any portion
			 of this chapter, or the established standards issued by the Board;
			 (3-23-22)
e. Failure to demonstrate
			 an understanding of counter-transference issues and a broad knowledge of
			 sexuality in the general populations, and basic theories and typologies of
			 sexual offenders and sexual assault victims; (3-23-22)
f. Failure or refusal to comply with the
			 quality assurance review process or to cooperate during any investigation
			 concerning certification, including failure or refusal to provide data,
			 information or records as requested by the Board or designee;
			 (3-23-22)
g. Failure to comply with
			 any informal disciplinary measures, remedial steps, corrective action or final
			 order issued by the Board as a condition of continued certification, including
			 practicing on a suspended or restricted certification; (3-23-22)
h. Engaging in conduct that departs from the
			 established standards issued by the Board; (3-23-22)
i. Revocation, suspension, limitation,
			 reprimand, voluntary surrender or any other disciplinary action or proceeding,
			 including investigation against a license, certificate or privilege to practice
			 by a professional licensing board; (3-23-22)
j. Conviction of, or entry of a withheld
			 judgment or plea of nolo contendre to conduct constituting a felony or crime of
			 moral turpitude; or (3-23-22)
k.
			 Failure to notify the Board in writing of any circumstances that affect a
			 certificate holder's eligibility for certification, including any disciplinary
			 action taken by a respective professional licensing board or conviction of any
			 felony or crime of moral turpitude. (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.381 - REAPPLICATION FOLLOWING CERTIFICATION DENIAL OR DISCIPLINARY ACTION

Current through August 31, 2023
01.
Denial
. An applicant whose
			 certification was denied may reapply when evidence is available confirming that
			 he meets the required qualifications for the respective area of practice as
			 referenced in Sections
			 040,
			 080 or
			 200 of these rules;
			 (3-23-22)
02.
Suspension
. A person whose certification has been suspended may
			 apply for reinstatement after the suspension period has expired and following
			 completion of any remedial steps or corrective action ordered by the Board, as
			 outlined in the established standards issued by the Board; (3-23-22)
03.
Restriction
. A person whose
			 certification has been restricted or otherwise monitored may request removal of
			 the restrictions after the restriction period has expired. If no period of
			 restriction was established, the request may be made following completion of
			 any remedial steps or corrective action ordered by the Board, as outlined in
			 the established standards issued by the Board; (3-23-22)
04.
Revocation
. A person whose
			 certification has been revoked may request reinstatement after the revocation
			 period has expired, as outlined in the established standards issued by the
			 Board. The Board shall have discretion to impose any monitoring conditions upon
			 a certificate holder whose certification has been reinstated following
			 revocation; (3-23-22)
05.
Withheld Discipline and Probation
. A certificate holder whose formal
			 discipline was withheld and placed on probationary status may request
			 reinstatement after the probationary period has expired and any conditions
			 imposed have been met, as outlined in the established standards issued by the
			 Board. (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.382 - LEVELS OF DISCIPLINE

Current through August 31, 2023
The levels of disciplinary action utilized by the Board against
				a certificate holder may generally include formal discipline, informal
				discipline or withholding formal discipline and probation. (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.383 - FORMAL DISCIPLINE

Current through August 31, 2023
Formal disciplinary action consists of suspension, revocation
				or other restrictions. Formal disciplinary actions restrict or otherwise impede
				a certificate holder's ability to perform sexual offender services consistent
				with their certification level. (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.384 - INFORMAL DISCIPLINE

Current through August 31, 2023
Informal disciplinary action consists of monitoring a
				certificate holder or issuing letters of informal reprimand or counseling.
				Informal disciplinary actions do not restrict or otherwise impede a certificate
				holder's ability to perform sexual offender services consistent with their
				certification level. (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.385 - WITHHOLDING FORMAL DISCIPLINE AND PROBATION

Current through August 31, 2023
The Board may withhold the imposition of formal discipline and
				place the certificate holder on a period of probation not to exceed two (2)
				years. The Board may impose any conditions of probation as deemed necessary to
				ensure compliance with the established standards issued by the Board. Such
				probationary conditions may include attendance at specialized training, review
				of the certificate holder's work product by the Board or its designee, or
				supervised practice by a senior level certificate holder. Failure to comply
				with a probationary condition imposed by the Board may result in the imposition
				of any suspended disciplinary action. (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.386 - COMPLAINTS

Current through August 31, 2023
Any individual may file against a certificate holder by
				submitting a written complaint to the Board, as outlined in the established
				standards issued by the Board. (3-23-22)
01.
Initial Review
. The Board's
			 designee shall conduct an initial review of any complaint or information
			 received to determine if the Board has jurisdiction. (3-23-22)
02.
Investigation
. The Board's
			 designee shall conduct an investigation upon a determination that the Board has
			 jurisdiction and a possible violation may exist. Investigative findings shall
			 be presented to the Board as outlined in the established standards issued by
			 the Board. (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.387 - DISCIPLINARY PROCESS

Current through August 31, 2023
The disciplinary process may be initiated as a result of a
				complaint received by the Board or a quality assurance review, or be based upon
				a review of information submitted to the Board during the certification
				process, monitoring process or while under formal probation. (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.400 - QUALITY ASSURANCE

Current through August 31, 2023
Policies for technical review and quality assurance of
				psychosexual evaluation reports and sexual offender treatment services and
				polygraph examinations are outlined in the established standards issued by the
				Board. (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.450 - PSYCHOSEXUAL EVALUATIONS

Current through August 31, 2023
01.
Adult
			 Psychosexual Evaluations
. Pre-sentence psychosexual evaluations on adult
			 sexual offenders shall be conducted pursuant to the established standards
			 issued by the Board and written utilizing the "Required Format for Psychosexual
			 Evaluation Reports," found in the Idaho Sexual Offender Management Board
			 Standard and Guidelines for Adult Sexual Offender Management Practices
			 incorporated by reference in Subsection
			 003.03 of these rules.
			 (3-23-22)
02.
Juvenile
			 Psychosexual Evaluations
. Psychosexual evaluations on juveniles
			 adjudicated for sexual offenses shall be conducted in accordance with the
			 established standards issued by the Board and written utilizing the "Required
			 Format for Juvenile Psychosexual Evaluation Reports," found in the Idaho Sexual
			 Offender Management Board Standard and Guidelines for Practitioners,
			 Evaluations and Treatment of Juvenile Sexual Offenders incorporated by
			 reference in Subsection
			 003.04 of these rules.
			 (3-23-22)
03.
Testing
.
			 The evaluator shall utilize testing instrumentation and assessment measures as
			 outlined in the established standards issued by the Board. (3-23-22)
04.
Client Participation
. The
			 client being evaluated may refuse or decline to participate in any testing,
			 assessment measure, or physiological measure used for the pre-sentence
			 psychosexual evaluation. The evaluator shall document the client's refusal or
			 declination in the psychosexual evaluation report. (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.480 - POLYGRAPH EXAMINATIONS

Current through August 31, 2023
Post conviction sexual offender polygraph examinations
				performed pursuant to an order or requirement by the court or requested by the
				Idaho Department of Correction or Idaho Commission for Pardons and Parole shall
				be conducted by a person certified by the Board to conduct such examinations
				and follow the established standards issued by the Board. (3-23-22)
Idaho Administrative Code › Title IDAPA 57 - Sexual Offender Management Board › Rule 57.01.01 - RULES OF THE SEXUAL OFFENDER MANAGEMENT BOARD › Section 57.01.01.500 - SEXUAL OFFENDER TREATMENT

Current through August 31, 2023
Specialized sexual offender treatment conducted pursuant to an
				order or requirement by the court, the Idaho Department of Correction, the
				Idaho Commission for Pardons and Parole, or the Idaho Department of Juvenile
				Corrections shall be conducted by a person certified by the Board to conduct
				such treatment and follow the established standards issued by the Board.
				(3-23-22)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
The Board of Environmental Quality is authorized to promulgate
				rules for the Department of Environmental Quality governing air pollution
				pursuant to Sections
				39-105,
				39-107,
				39-114, and
				39-115, Idaho Code.
				(3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.001 - TITLE AND SCOPE

Current through August 31, 2023
These rules are titled IDAPA. 58.01.01, Rules of the Department
				of Environmental Quality, IDAPA. 58.01.01, "Rules for the Control of Air
				Pollution in Idaho" and provide for the control of air pollution in Idaho.
				(3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.002 - WRITTEN INTERPRETATIONS

Current through August 31, 2023
The Department of Environmental Quality has written statements
				that pertain to the interpretation of or compliance with these rules at 1410 N.
				Hilton, Boise, Idaho, the Department regional offices, and
https://www.deq.idaho.gov
.
				(3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.003 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
Persons may be entitled to appeal agency actions authorized
				under this chapter pursuant to IDAPA 58.01.23, "Contested Case Rules and Rules
				for Protection and Disclosure of Records." (3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.005 - DEFINITIONS

Current through August 31, 2023
Definitions in federal statute, federal regulation, and Idaho
				Code are incorporated by reference unless otherwise listed below. The terms
				"air contaminant or contamination," "air pollution," "board," "department,"
				"director," "emission," and "person" have the meaning provided for those terms
				in Section
				39-103, Idaho Code.
				(3-28-23)
Idaho Administrative Code › Title IDAPA 58 - Environmental Quality, Department of › Rule 58.01.01 - RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO › Section 58.01.01.006 - GENERAL DEFINITIONS

Current through August 31, 2023
01.
Accountable
. Any SIP emission trading program must account for the
			 aggregate effect of the emissions trades in the demonstration of reasonable
			 further progress, attainment, or maintenance. (3-28-23)
02.
Actual Emissions
. The actual
			 rate of emissions of a pollutant from an emissions unit as determined below:
			 (3-28-23)
a. Actual emissions as of a
			 particular date equal the average rate, in tons per year, at which the unit
			 emitted the pollutant during a consecutive 24-month period that precedes the
			 particular date and is representative of normal source operation. The
			 Department will allow the use of a different time period upon a determination
			 that it is more representative of normal source operation. Actual emissions
			 must be calculated using the unit's actual operating hours, production rates,
			 and types of materials processed, stored, or combusted during the selected time
			 period. (3-28-23)
b. The Department
			 may presume that the source-specific allowable emissions for the unit are
			 equivalent to actual emissions of the unit. (3-28-23)
c. For any emissions unit (other than an
			 electric utility steam generating unit as specified below) which has not yet
			 begun normal operations on the particular date, actual emissions equal the
			 potential to emit of the unit on that date. (3-28-23)
d. For an electric utility steam generating
			 unit (other than a new unit or the replacement of an existing unit) actual
			 emissions of the unit following the physical or operational change equal the
			 representative actual annual emissions of the unit, provided the source owner
			 or operator maintains and submits to the Department, on an annual basis for a
			 period of five (5) years from the date the unit resumes regular operation,
			 information demonstrating that the physical or operational change did not
			 result in an emissions increase. A longer period, not to exceed ten (10) years
			 may be required by the Department if it determines such a period to be more
			 representative of normal source post-change operations.
			 (3-28-23)