reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.04.01 - RULES GOVERNING THE IDAHO STATE RACING COMMISSION › Subchapter C - TYPES OF WAGERING IN THE STATE OF IDAHO › SUB AREA C3 - ADVANCED DEPOSIT WAGERING › Section 11.04.01.962 - OUT-OF-STATE PROVIDERS

Current through August 31, 2023
Any advance deposit wagering by an account holder with a provider outside of the State by telephone or other electronic means is illegal, unless that provider is licensed by the Racing Commission and provides a source market fee of not less than ten percent (10%) of the handle forwarded monthly to the Racing Commission. (4-6-23)T
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.04.01 - RULES GOVERNING THE IDAHO STATE RACING COMMISSION › Subchapter C - TYPES OF WAGERING IN THE STATE OF IDAHO › SUB AREA C3 - ADVANCED DEPOSIT WAGERING › Section 11.04.01.963 - RESIDENCE OUTSIDE THE STATE OF IDAHO

Current through August 31, 2023
Requirements for the establishment and operation of accounts for individuals whose principle residence is outside of the state of Idaho must be set forth in the operation plan as stated in these rules. (4-6-23)T
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.04.01 - RULES GOVERNING THE IDAHO STATE RACING COMMISSION › Subchapter C - TYPES OF WAGERING IN THE STATE OF IDAHO › SUB AREA C3 - ADVANCED DEPOSIT WAGERING › Section 11.04.01.964 - ESTABLISHING AN ADVANCED DEPOSIT WAGERING ACCOUNT

Current through August 31, 2023
01.
Establishing an Advanced Deposit Wagering Account
. The application for establishing an advanced deposit wagering account must be authorized in a manner acceptable to the Racing Commission and include the applicant's: (4-6-23)T
a. Full legal name; (4-6-23)T
b. Principal residence address; (4-6-23)T
c. Telephone number of their permanent residence; (4-6-23)T
d. Social security number; and (4-6-23)T
e. Proper identification or certification demonstrating that the applicant is at least eighteen (18) years of age. (4-6-23)T
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.04.01 - RULES GOVERNING THE IDAHO STATE RACING COMMISSION › Subchapter C - TYPES OF WAGERING IN THE STATE OF IDAHO › SUB AREA C3 - ADVANCED DEPOSIT WAGERING › Section 11.04.01.965 - ACCOUNT INFORMATION

Current through August 31, 2023
Each application for an advance deposit wagering account may be subject to verification. (4-6-23)T
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.04.01 - RULES GOVERNING THE IDAHO STATE RACING COMMISSION › Subchapter C - TYPES OF WAGERING IN THE STATE OF IDAHO › SUB AREA C3 - ADVANCED DEPOSIT WAGERING › Section 11.04.01.966. - 969 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.04.01 - RULES GOVERNING THE IDAHO STATE RACING COMMISSION › Subchapter C - TYPES OF WAGERING IN THE STATE OF IDAHO › SUB AREA C3 - ADVANCED DEPOSIT WAGERING › Section 11.04.01.970 - IDENTIFYING AN ACCOUNT NUMBER

Current through August 31, 2023
Each account must have a unique identifying account number. The identifying account number may be changed at any time by the advance deposit wagering operator provided the advance deposit wagering operator informs the account holder in writing prior to the change. (4-6-23)T
01.
Secure Personal Identification Code
. The applicant must supply the advance deposit wagering operator with an alpha-numeric code to be used as a secure personal identification code when the account holder is placing an account wager. The account holder has the right to change this code at any time. (4-6-23)T
02.
Principle Residence
. The principal residence address will be established by reliance on the information submitted on the application form provided and certified by the applicant. (4-6-23)T
03.
Upon Approval Account Holder Receives
. The account holder will receive, at the time the account is approved: (4-6-23)T
a. A unique account identification number; (4-6-23)T
b. A copy of the advance deposit wagering rules and such other information and material that is pertinent to the operation of the account; and (4-6-23)T
c. Such other information as the advance deposit wagering operator or Racing Commission may deem appropriate. (4-6-23)T
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.04.01 - RULES GOVERNING THE IDAHO STATE RACING COMMISSION › Subchapter C - TYPES OF WAGERING IN THE STATE OF IDAHO › SUB AREA C3 - ADVANCED DEPOSIT WAGERING › Section 11.04.01.971 - CLOSE OR REFUSE TO OPEN AN ACCOUNT

Current through August 31, 2023
The advance deposit wagering operator may close or refuse to open an account, for what it deems good and sufficient reason, and will order an account closed if it is determined that information that was used to open an account was false, or that the account has been used in violation of these rules. (4-6-23)T
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.04.01 - RULES GOVERNING THE IDAHO STATE RACING COMMISSION › Subchapter C - TYPES OF WAGERING IN THE STATE OF IDAHO › SUB AREA C3 - ADVANCED DEPOSIT WAGERING › Section 11.04.01.972 - ACCOUNT HOLDER RESPONSIBILITIES

Current through August 31, 2023
01.
Personal Use Only
. Accounts are for the personal use of the account holder. (4-6-23)T
02.
Security
. The account holder is responsible for maintaining the secrecy of the account number and secure personal identification code. (4-6-23)T
03.
Account Losses
. Except where the advance deposit wagering center or its employees or agents act without good faith or fail to exercise ordinary care, the advance deposit wagering center is not be responsible for any loss arising from the use by any other person or persons of an account holder's account. (4-6-23)T
04.
Notification of Account Security Breach
. The account holder must immediately notify the advance deposit wagering center of a breach of the account's security. (4-6-23)T
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.04.01 - RULES GOVERNING THE IDAHO STATE RACING COMMISSION › Subchapter C - TYPES OF WAGERING IN THE STATE OF IDAHO › SUB AREA C3 - ADVANCED DEPOSIT WAGERING › Section 11.04.01.973 - OPERATION OF AN ACCOUNT

Current through August 31, 2023
01.
Operator May Refuse Deposits
. The advance deposit wagering operator may refuse deposits to an account for what it deems good and sufficient reason. (4-6-23)T
02.
Operator May Suspend or Close Account
. The advance deposit wagering operator may suspend or close any account at any time provided that within five (5) business days of closing the account the advance deposit wagering operator returns to the account holder all monies then on deposit by sending it to the principal residence address as listed on the application. (4-6-23)T
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.04.01 - RULES GOVERNING THE IDAHO STATE RACING COMMISSION › Subchapter C - TYPES OF WAGERING IN THE STATE OF IDAHO › SUB AREA C3 - ADVANCED DEPOSIT WAGERING › Section 11.04.01.974 - CREDITS TO AN ACCOUNT

Current through August 31, 2023
After the initial establishment of an account, credits to an account may be made as follows: (4-6-23)T
01.
Deposits
. Deposits to an account by an account holder must be made in the following forms: (4-6-23)T
a. Cash given to the staff of an advance deposit wagering operator; (4-6-23)T
b. Personal or cashier check, or money order given or sent to an advance deposit wagering operator; (4-6-23)T
c. Charges made to an account holder's credit card or debit card upon the direct and personal instruction of the account holder. Such instructions may be given by telephone or any electronic device to the advance deposit wagering facility by the account holder if the use of the card has been approved by the advance deposit wagering operator; or (4-6-23)T
d. Transfer by means of an electronic funds transfer from a monetary account controlled by an account holder to his account. The account holder is liable for any charges imposed by the transmitting or receiving entity with such charges to be deducted from the account. (4-6-23)T
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.04.01 - RULES GOVERNING THE IDAHO STATE RACING COMMISSION › Subchapter C - TYPES OF WAGERING IN THE STATE OF IDAHO › SUB AREA C3 - ADVANCED DEPOSIT WAGERING › Section 11.04.01.975 - DEBITS TO AN ACCOUNT

Current through August 31, 2023
01.
Debits to an Account
. Debits to an account are made as follows: (4-6-23)T
a. Upon receipt by the advance deposit wagering operator of an account wager, the advance deposit wagering center debits the account in the amount of the wager; or (4-6-23)T
b. For fees for service or other transaction-related charges by the advance deposit wagering operator. (4-6-23)T
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.04.01 - RULES GOVERNING THE IDAHO STATE RACING COMMISSION › Subchapter C - TYPES OF WAGERING IN THE STATE OF IDAHO › SUB AREA C3 - ADVANCED DEPOSIT WAGERING › Section 11.04.01.976. - 979 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.04.01 - RULES GOVERNING THE IDAHO STATE RACING COMMISSION › Subchapter C - TYPES OF WAGERING IN THE STATE OF IDAHO › SUB AREA C3 - ADVANCED DEPOSIT WAGERING › Section 11.04.01.980 - WAGERS IN EXCESS OF ACCOUNT BALANCE

Current through August 31, 2023
The advance deposit wagering operator will not accept wagers from an account holder in an amount in excess of the account balance. (4-6-23)T
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.04.01 - RULES GOVERNING THE IDAHO STATE RACING COMMISSION › Subchapter C - TYPES OF WAGERING IN THE STATE OF IDAHO › SUB AREA C3 - ADVANCED DEPOSIT WAGERING › Section 11.04.01.981 - ACCOUNTS WILL NOT BEAR ANY INTEREST

Current through August 31, 2023
Monies deposited with the advance deposit wagering operator for advance deposit wagering must not bear any interest to the account holder. (4-6-23)T
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.04.01 - RULES GOVERNING THE IDAHO STATE RACING COMMISSION › Subchapter C - TYPES OF WAGERING IN THE STATE OF IDAHO › SUB AREA C3 - ADVANCED DEPOSIT WAGERING › Section 11.04.01.982 - PAYMENTS ON WINNING PARI-MUTUEL WAGERS

Current through August 31, 2023
Payments on winning pari-mutuel wagers and credits for account wagers on entries which are scratched must be posted to the credit of the account holder as soon as practicable after the race is declared official. (4-6-23)T
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.04.01 - RULES GOVERNING THE IDAHO STATE RACING COMMISSION › Subchapter C - TYPES OF WAGERING IN THE STATE OF IDAHO › SUB AREA C3 - ADVANCED DEPOSIT WAGERING › Section 11.04.01.983 - MAILING ADDRESS

Current through August 31, 2023
The principal residence address, provided in writing by the account holder at the time of application, is deemed to be the proper address for the purposes of mailing checks, statements of account, account withdrawals, notices, or other appropriate correspondence. The mailing of checks or other correspondence to the address given by the account holder is at the sole risk of the account holder. (4-6-23)T
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.04.01 - RULES GOVERNING THE IDAHO STATE RACING COMMISSION › Subchapter C - TYPES OF WAGERING IN THE STATE OF IDAHO › SUB AREA C3 - ADVANCED DEPOSIT WAGERING › Section 11.04.01.984 - POWERS OF THE RACING COMMISSION TO REVIEW AND AUDIT RECORDS

Current through August 31, 2023
The Racing Commission or its staff will be given access to all records and financial information of the advance deposit wagering operator for review and audit. The Racing Commission may require that the advance deposit wagering operator annually submit to the Racing Commission audited financial statements of the advance deposit wagering system. (4-6-23)T
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.04.01 - RULES GOVERNING THE IDAHO STATE RACING COMMISSION › Subchapter C - TYPES OF WAGERING IN THE STATE OF IDAHO › SUB AREA C3 - ADVANCED DEPOSIT WAGERING › Section 11.04.01.985 - CONFIDENTIAL INFORMATION

Current through August 31, 2023
No confidential information related to the placing of any wager or to the operation of the advance deposit wagering center may be divulged by any employee or agent of the advance deposit wagering center, except, as required by these rules, to the account holder or the Racing Commission, or as otherwise required by state or federal law or regulation or rules of the Racing Commission. (4-6-23)T
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.04.01 - RULES GOVERNING THE IDAHO STATE RACING COMMISSION › Subchapter C - TYPES OF WAGERING IN THE STATE OF IDAHO › SUB AREA C3 - ADVANCED DEPOSIT WAGERING › Section 11.04.01.986 - APPLICABLE LAWS, RULES, AND REGULATIONS

Current through August 31, 2023
All advance deposit wagering operators must adhere to all applicable state and federal laws, rules, and regulations. (4-6-23)T
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.04.01 - RULES GOVERNING THE IDAHO STATE RACING COMMISSION › Subchapter C - TYPES OF WAGERING IN THE STATE OF IDAHO › SUB AREA C3 - ADVANCED DEPOSIT WAGERING › Section 11.04.01.987. - 999 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.05.01 - RULES GOVERNING ALCOHOL BEVERAGE CONTROL › Section 11.05.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
The Director of the Idaho State Police has general rulemaking authority to prescribe rules and regulations for alcohol beverage enforcement, pursuant to Sections  23-932,  23-946(b),  23-1330  and  23-1408, Idaho Code. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.05.01 - RULES GOVERNING ALCOHOL BEVERAGE CONTROL › Section 11.05.01.001 - SCOPE

Current through August 31, 2023
The rules relate to the governance and operation of Alcohol Beverage Control. Unless a specific reference herein limits application of a rule to a particular kind of alcoholic beverage, these rules apply to and implement Idaho Code Sections for liquor (Title 23, Chapter 9, Idaho Code), beer (Title 23, Chapter 10, Idaho Code), and wine (Title 23, Chapter 13, Idaho Code). (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.05.01 - RULES GOVERNING ALCOHOL BEVERAGE CONTROL › Section 11.05.01.010 - DEFINITIONS

Current through August 31, 2023
01.
Actual Use
. Actual use constitutes when a liquor license is issued to a licensee and legitimate sales of liquor by the drink are being made on a weekly basis. (7-1-23)T
02.
Associated
. A license is associated with a business or entity if such license is owned or leased by the business pursuant to Section  23-903(16)(c), or an incorporated municipal liquor license operated by a person whether owned or through a lease entered into prior to July 1, 2023. (7-1-23)T
03.
Business or Entity
. Is defined the same as a Person in Section  23-902(13), Idaho Code, for the purposes of Section  23-903(16)(c), Idaho Code. (7-1-23)T
04.
Business
. Business means any operation to carry out the normal day to day activities to exercise the privilege of holding a liquor license and operating a premises, as defined in Section  23-902(15), Idaho Code, for the purposes of Section  23-903(16)(d), Idaho Code. (7-1-23)T
05.
Licensed Premises
. Any premises for which a license has been issued under any of the provisions of Title 23, Chapters 9, 10 or 13, Idaho Code. All areas included on the floor plan submitted to the Director with the licensee's application for a license constitute the licensed premises. (7-1-23)T
06.
Multipurpose Arena
. (3-23-22)
a. For purposes of Section  23-944(3), Idaho Code, a Multipurpose Arena is a: (3-23-22)
i. Publicly or privately owned or operated arena, coliseum, stadium, or other facility where sporting events, concerts, live entertainment, community events, and other functions are presented for a ticketed price of admission or one whose premises are leased for private events such as receptions; (3-23-22)
ii. Facility that is licensed to sell liquor by the drink at retail for consumption upon the premises; and (3-23-22)
iii. Facility that has been endorsed by the director. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.05.01 - RULES GOVERNING ALCOHOL BEVERAGE CONTROL › Section 11.05.01.011 - GENERAL PROVISIONS

Current through August 31, 2023
01.
Delegation of Authority to License Alcoholic Beverages
. The Director hereby delegates his authority for the licensing of establishments which sell alcoholic beverages, as contained in Title 23, Chapters 9, 10, and 13, Idaho Code, to the, Alcohol Beverage Control Bureau, Idaho State Police. All applications and inquiries concerning alcoholic beverage licenses must be directed to the Alcohol Beverage Control Bureau. The Alcohol Beverage Control Bureau provides forms for all applications and inquiries. Nothing contained herein interferes with the Director's supervisory authority for alcoholic beverage licensing. (Section  67-2901(4), Idaho Code). (3-23-22)
02.
Authority to Stagger the Renewal of Licenses to Sell Alcohol
. For the purposes of Sections  23-908,  23-1010  and  23-1316, Idaho Code, the Director may adjust the renewal month to accommodate population increases. Renewal months vary by county and are available on the Alcohol Beverage Control website. (3-23-22)
03.
Premises Loss
. License Display, and Actual Use Requirement. (7-1-23)T
a. In the event of loss or move of the physical licensed premises, the licensee has one hundred eighty (180) days to secure and occupy a new premises in which to display the license. An additional sixty (60) days may be granted by ABC, upon petition by the license holder. (7-1-23)T
b. All licenses must be prominently displayed in suitable premises and remain in Actual Use. (7-1-23)T
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.05.01 - RULES GOVERNING ALCOHOL BEVERAGE CONTROL › Section 11.05.01.012 - TRANSFER OF ALCOHOLIC BEVERAGE LICENSES

Current through August 31, 2023
01.
Transfer of License Subject to Sanctions
. The Director of the Idaho State Police may deny the transfer of an alcoholic beverage license which is subject to possible disqualification, revocation or suspension under the provisions of Title 23, Chapters 9, 10, and 13, Idaho Code, or these rules, when an action has been filed to such effect before the Idaho State Police pursuant to Sections  23-933,  23-1037  or  23-1331, Idaho Code. (3-23-22)
02.
Events Not Implicating the One Transfer Law Restriction
. (7-1-23)T
a. In addition to Section  23-903(16)   Idaho Code, any transfer of a license pursuant to Section  23 - 908(5)(a),(b),(d), and (e), Idaho Code, or the transfer of a license pursuant to Section  23-950, Idaho Code, or any other governmental entity acting under its authority to transfer a license. (7-1-23)T
b. When any of the events occur pursuant to Sections  23-908(5)(a),(b), (d), and (e)  and  23-903(16)(a) and (b), Idaho Code, a person must apply with ABC pursuant to Section  23-905, Idaho Code. (7-1-23)T
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.05.01 - RULES GOVERNING ALCOHOL BEVERAGE CONTROL › Section 11.05.01.014 - CONDUCT OF LICENSED PREMISES

Current through August 31, 2023
Upon request of an agent of the Director, a licensee, or anyone acting on his behalf, must produce any records required to be kept pursuant to Title 23, Chapters 9, 10, or 13, Idaho Code, and permit the agent of the Director or peace officer to examine them and permit an inspection of the licensee's premises. Upon request of a peace officer, a licensee, or anyone acting on his behalf, must permit an inspection of the licensee's premises. Any inspection performed pursuant to this rule must occur during the licensee's regular and usual business hours. The failure to produce such records or to permit such inspection on the part of any licensee is a violation of this rule. A violation of this rule, federal or state law or local code or ordinance may subject the licensee to administrative sanctions pursuant to Sections  23-933,  23-1037  and  23-1331, Idaho Code. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.05.01 - RULES GOVERNING ALCOHOL BEVERAGE CONTROL › Section 11.05.01.021 - AGE RESTRICTION REQUIREMENTS

Current through August 31, 2023
01.
Over/Under Clubs
. Minors cannot enter, remain or loiter in any licensed establishment that sells alcoholic beverages by the drink, or where drinking alcohol is the predominant activity, or where an environment is created in which drinking alcohol appears to be the predominant activity. This includes an establishment that provides entertainment and whose primary source of revenue comes from the sale of alcoholic beverages for consumption on the premises, or cover charges, or both. (3-23-22)
02.
Posting of Age Restriction Signs
. Sections  23-945  and  23-1026, Idaho Code, require every alcoholic beverage licensee to post an age restriction sign. Such sign must contain the following words in lettering of at least one (1) inch in height: "Admittance of persons under twenty-one (21) years of age prohibited by law." Such sign must be placed conspicuously over or on the door of each entrance to the licensed premises and be clearly visible from the exterior approached to such premises. (3-23-22)
03.
Counterfeit or Altered Age Documents
. If alcoholic beverage licensees, their employees, or agents receive age identification documents which have been lost or voluntarily surrendered, they shall deliver the documents to an agent or investigator of the Alcohol Beverage Control Bureau or to other law enforcement officials within fifteen (15) days from the date they were received, found or voluntarily surrenders. When identification documents that appear to be mutilated, altered or fraudulent are presented to a licensee, their employees or agents, they must contact law enforcement and/or refuse service. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.05.01 - RULES GOVERNING ALCOHOL BEVERAGE CONTROL › Section 11.05.01.022 - AGE RESTRICTION REQUIREMENTS FOR LICENSED MOVIE THEATERS - WHEN MINORS PERMITTED

Current through August 31, 2023
01.
Minors Prohibited
. Persons under twenty-one (21) years of age are prohibited from entering or being in any movie theater licensed to sell alcoholic beverages during the time alcohol is available for sale or consumption in the movie theater. Age restriction signs must be posted as outlined in Subsection  021.02  of these rules at all times alcoholic beverages are sold, served or consumed in the movie theater. (3-23-22)
02.
Minors Permitted
. Any person under twenty-one (21) years of age is permitted in a movie theater licensed to sell alcoholic beverages and no age restriction posting is required at any time when all alcohol is secured, locked up and not available for sale or consumption. (3-23-22)
03.
Exemption
. Nothing in this rule applies to any movie theater that qualifies under Section  23944(7), Idaho Code. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.06.01 - RULES GOVERNING CIVIL ASSET FORFEITURE REPORTING › Section 11.06.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
01. In accordance with Section  37-2744  (Chapter 27, Article V), Idaho Code, the Idaho State Police is authorized to promulgate such rules and forms it deems necessary to carry out the provisions and mandate of said Section  37-2744, Idaho Code. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.06.01 - RULES GOVERNING CIVIL ASSET FORFEITURE REPORTING › Section 11.06.01.001 - SCOPE

Current through August 31, 2023
These rules concern the civil asset forfeiture reporting form that the Idaho State Police is charged with promulgating pursuant to Section  37-2744, Idaho Code. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.06.01 - RULES GOVERNING CIVIL ASSET FORFEITURE REPORTING › Section 11.06.01.002 - INCORPORATION BY REFERENCE

Current through August 31, 2023
The following is incorporated by reference in this chapter of rules: (3-23-22)
01.
Idaho Civil Asset Forfeiture Reporting Form
. As adopted February 7, 2019, this document is available on the Internet at
https://www.isp.idaho.gov
. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.06.01 - RULES GOVERNING CIVIL ASSET FORFEITURE REPORTING › Section 11.06.01.010 - DEFINITIONS

Current through August 31, 2023
01.
Civil Asset Forfeiture Reporting Form
. A form promulgated by and available from the Idaho State Police, to be used by each state and local law enforcement agency. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.06.01 - RULES GOVERNING CIVIL ASSET FORFEITURE REPORTING › Section 11.06.01.011 - CONTENTS OF CIVIL ASSET FORFEITURE REPORTING FORM

Current through August 31, 2023
01.
Asset Forfeiture Reporting Form
. The Asset Forfeiture Reporting Form shall contain fields for entry of the following information: (3-23-22)
a. The name of the law enforcement agency that seized the property; (3-23-22)
b. The date of seizure; (3-23-22)
c. The type and description of property seized, including make, model, year, and serial number, if applicable; (3-23-22)
d. The crime(s), if any, for which the suspect has been charged, including whether such crime is a violation of state or federal law; (3-23-22)
e. The criminal case number, if any, and the outcome, if any, of the suspect's case; (3-23-22)
f. If the forfeiture was not processed under state law, the reason for the federal transfer, if known; (3-23-22)
g. The forfeiture case number; (3-23-22)
h. The date of the forfeiture decision; (3-23-22)
i. Whether there was a forfeiture settlement; (3-23-22)
j. The date and outcome of property disposition as described by one (1) or more of the following: returned to owner; partially returned to owner; sold; destroyed; or retained by law enforcement; and (3-23-22)
k. The value of the property forfeited based on the value realized, if sold, or a reasonable good faith estimate of the value, if possible. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.07.01 - RULES GOVERNING MOTOR VEHICLES - GENERAL RULES › Section 11.07.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
These rules adopting national safety codes and standards are promulgated pursuant to the authority granted to the Idaho State Police pursuant to Section  67 - 2901 and 49-901, Idaho Code. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.07.01 - RULES GOVERNING MOTOR VEHICLES - GENERAL RULES › Section 11.07.01.001 - SCOPE

Current through August 31, 2023
All owners and operators of motor vehicles that operate on the highways under the jurisdiction of the Idaho State Police are required to comply with these rules to the extent the rules are applicable. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.07.01 - RULES GOVERNING MOTOR VEHICLES - GENERAL RULES › Section 11.07.01.003 - INCORPORATED BY REFERENCE

Current through August 31, 2023
Rules  20,  30, and  40  incorporate by reference various state and national safety codes and federal regulations. Each applicable rule identifies the issuing entity for each code or regulation and indicates where the incorporated materials may be obtained. Incorporated materials are also available for inspection and copying at the Headquarters Office of the Idaho State Police, listed in Rule  004. The following codes and standards are incorporated: (3-23-22)
01.
Society of Automotive Engineers (SAE)
. The SAE Ground Vehicle Lighting Standards Manual, 2009 edition, and SAE standards J586, J588, and J639 are published by the Society of Automotive Engineers and are available from SAE World Headquarters, 400 Commonwealth Drive, Warrendale, PA 15096-0001 and may be ordered by calling 1-877-606-7323 or on the worldwide web at
http://store.sae.org/
. (3-23-22)
02.
Idaho State Department of Education, Standards for Idaho School Buses and Operations Manual
. The Standards for Idaho School Buses and Operations Manual, effective July 1, 2018, is published by the Idaho Department of Education, 650 West State Street, P.O. Box 83720, Boise, ID 83720-0027 and may be ordered by calling 1-208-332-6800 or downloaded from the worldwide web at
http://www.sde.idaho.gov/student-transportation/files/forms-lists/regulations/SISBO-Manual-2018.pdf
. (3-23-22)
03.
Federal Regulations -  49 C.F.R. Parts 392,  393, and  571  (June 3, 2019)
. These regulations are found in the Code of Federal Regulations, available from the U.S. Government Printing Office, Superintendent of Documents, Attn: New Orders, PO Box 37954, Pittsburgh, PA 15250-7954. The incorporated parts are also available on the worldwide web at
https://www.ecfr.gov/cgi-bin/ECFR?page=browse
. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.07.01 - RULES GOVERNING MOTOR VEHICLES - GENERAL RULES › Section 11.07.01.020 - SOCIETY OF AUTOMOTIVE ENGINEERS (SAE)

Current through August 31, 2023
In accordance with the SAE Ground Vehicle Lighting Standards Manual, and SAE standards J586, J588, and J639, all owners and operators of motor vehicles that operate on the highways under the jurisdiction of the Idaho State Police are required to comply with the applicable provisions incorporated by reference in Subsection  008.01. (3-23-22)
01.
Standards and Specifications for Lighting Devices
. Pursuant to Section  49-901(1), Idaho Code, the standards and specifications set forth by the Society of American Engineers in the SAE Ground Vehicle Lighting Standards Manual, as incorporated by reference in Subsection  008.01. (3-23-22)
02.
Standards for Rear Mounted Acceleration and Deceleration Lighting Systems (Use Optional)
. The current standards found in "Supplemental High Mounted Stop and Rear Turn Signal Lamps for Use on Vehicles Less Than 2032 MM Overall Width -- SAE J586 and J588," is found in Section  49-921, Idaho Code, as incorporated by reference in Subsection  008.01. (3-23-22)
03.
Safety Practices and Standards for Automotive Air Conditioning Devices, Standards and Specifications
. Pursuant to Section  49-901(7), Idaho Code, the current standards set forth in "Safety Practices For Mechanical Vapor Compression Refrigeration Equipment of Systems Used to Cool Passenger Compartment of Motor Vehicles -- SAE J639," as incorporated by reference in Subsection  008.01. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.07.01 - RULES GOVERNING MOTOR VEHICLES - GENERAL RULES › Section 11.07.01.030 - IDAHO STATE DEPARTMENT OF EDUCATION, STANDARDS FOR IDAHO SCHOOL BUSES AND OPERATIONS MANUAL

Current through August 31, 2023
In accordance with the "Standards for Idaho School Buses and Operations" manual, all owners and operators of motor vehicles that operate on the highways under the jurisdiction of the Idaho State Police are required to comply with the applicable standards incorporated by reference in Subsection  006.02. (3-23-22)
01.
General Rules
. Pursuant to Section  49-901(8), Idaho Code, the standards found in the "Standards for Idaho School Buses and Operations" manual approved by the Idaho State Department of Education incorporated by reference in Subsection  006.02. (3-23-22)
02.
Lighting Equipment
. Pursuant to Section  49-901(2), Idaho Code, the standards found in the "Standards for Idaho School Buses and Operations" manual approved by the Idaho State Department of Education incorporated by reference in Subsection  006.02. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.07.01 - RULES GOVERNING MOTOR VEHICLES - GENERAL RULES › Section 11.07.01.040 - FEDERAL REGULATIONS - 49 C.F.R. PARTS 392, 393, AND 571

Current through August 31, 2023
In accordance with Title 49 of the Code of Federal Regulations, Parts 392, 393, and 571, all owners and operators of motor vehicles that operate on the highways under the jurisdiction of the Idaho State Police are required to comply with the applicable Parts found in Title 49 of the Code of Federal Regulations. (3-23-22)
01.
Certain Vehicles Required to Stop at All Railroad Crossings
. Pursuant to Section  49-648, Idaho Code, the Director hereby incorporates by reference the requirements found in Title 49 (49 C.F.R.) of the Code of Federal Regulations (Federal Motor Carrier Safety Regulations) Part 392, Subpart B, Section  392.10, as if set forth herein in full. (3-23-22)
02.
Devices With Self Contained Energy Sources
. Pursuant to Section  49-952, Idaho Code, the Director hereby incorporates by reference the standards and specifications with regard to Requirements for fusees and liquid burning flares found in  49 C.F.R., Part 393, Subpart H, Section 393.95. Warning devices with self-contained energy sources permissible, under this chapter are limited to liquid burning emergency flares, and fusees. (3-23-22)
03.
Modulating Headlights for Motorcycles
. Pursuant to Section  49-925,  49-901(3),  49-901(4), Idaho Code, the Director hereby approves modulating headlights for use on motorcycles. Such headlights shall conform to the standards and specifications with regard to modulating headlights found in  49 C.F.R. Section 571.108, Standard 108, S7.9.4, which is hereby adopted by reference as if set forth herein in full. (3-23-22)
04.
Standards for Safety Helmets
. Pursuant to Section  49-666, Idaho Code, the Director hereby incorporates by reference the standards found in  49 C.F.R. Section 571.218, Standard No. 218, as if set forth herein in full. (3-23-22)
05.
Standards for Devices Without Self Contained Energy Sources
. Pursuant to Section  49 -952, Idaho Code, the Director hereby incorporates by reference the standards and specifications with regard to reflex reflective and fluorescent material warning devices found in  49 C.F.R. Section 571.125, Standard 125, as if set forth herein in full. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.07.03 - RULES GOVERNING EMERGENCY VEHICLES/ AUTHORIZED EMERGENCY VEHICLES › Section 11.07.03.000 - LEGAL AUTHORITY

Current through August 31, 2023
These rules are promulgated pursuant to the authority granted to the Idaho State Police pursuant to Section  67-2901(4), Idaho Code. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.07.03 - RULES GOVERNING EMERGENCY VEHICLES/ AUTHORIZED EMERGENCY VEHICLES › Section 11.07.03.010 - DEFINITIONS

Current through August 31, 2023
Unless specifically defined in this chapter, the definitions in Title 49, Chapter 1, Idaho Code apply to this chapter. (3-23-22)
01.
Limited Authorized Vehicle
. A vehicle to which a limited authorization is issued by the Director for limited emergency uses as defined by the Director upon agreement with an applicant under terms specified therein. (3-23-22)
02.
Driver
. Every person who is in actual physical control of an authorized emergency vehicle. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.07.03 - RULES GOVERNING EMERGENCY VEHICLES/ AUTHORIZED EMERGENCY VEHICLES › Section 11.07.03.011 - PURPOSE

Current through August 31, 2023
01.
General
. The purpose of this chapter is to specify a procedure to be followed to obtain approval for authorized emergency vehicles. Pursuant to Section  49-218, Idaho Code, the Director may designate any particular vehicle as an authorized emergency vehicle upon a finding that designation of that vehicle is necessary to the preservation of life or property or to the execution of an emergency governmental function. (3-23-22)
02.
Emergency Vehicles
. This chapter will not pertain to emergency vehicles as defined by Section  49-123, Idaho Code, i.e., vehicles operated by any fire department or law enforcement agency of the state of Idaho or political subdivision thereof, and ambulances of any public utility or public service corporation. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.07.03 - RULES GOVERNING EMERGENCY VEHICLES/ AUTHORIZED EMERGENCY VEHICLES › Section 11.07.03.012 - AUTHORIZATION REQUIREMENTS

Current through August 31, 2023
01.
General
. Any person, firm, corporation, or municipal corporation, desiring to have a vehicle registered as an authorized emergency vehicle, pursuant to Section  49-218, Idaho Code, must apply for authorization to the Director on forms provided by the department and: (3-23-22)
a. Provide a description of: (3-23-22)
i. The specific geographic area in which the vehicle will be used as an authorized emergency vehicle. (3-23-22)
ii. The specific purposes for which the vehicle will be used as an emergency vehicle. (3-23-22)
iii. The emergency vehicle listing year, make, model, vehicle identification number and license plate number. (3-23-22)
iv. The emergency lighting equipment to be used on the emergency vehicle. (3-23-22)
v. The emergency horns or warning devices to be used on the emergency vehicle. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.07.03 - RULES GOVERNING EMERGENCY VEHICLES/ AUTHORIZED EMERGENCY VEHICLES › Section 11.07.03.013 - LIMITED AUTHORIZED EMERGENCY VEHICLE

Current through August 31, 2023
01.
General
. Any person, firm, corporation, or municipal corporation, desiring to have a vehicle registered as a limited authorized emergency vehicle must apply for authorization to the Director on forms provided by the department that provides the following information: (3-23-22)
a. A description of the emergency vehicle listing year, make, model, vehicle identification number and license plate number. (3-23-22)
b. A description of the emergency lighting equipment to be used on the emergency vehicle. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.07.03 - RULES GOVERNING EMERGENCY VEHICLES/ AUTHORIZED EMERGENCY VEHICLES › Section 11.07.03.014 - AUTHORIZATION LIMITATIONS

Current through August 31, 2023
01.
Durations
. The authorization proved by the Director will be for one (1) year. The application for continued emergency vehicle authorization or limited emergency vehicle authorization must be renewed prior to the expiration date. (3-23-22)
02.
Restrictions
. An authorized emergency vehicle may not be used except as follows: (3-23-22)
a. Only by the drivers named on the original or amended application. (3-23-22)
b. Only with the equipment described in the original or amended application. (3-23-22)
c. Only within the geographical area described in the original or amended application. (3-23-22)
d. Only for the purposes set forth in the original or amended application. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.07.03 - RULES GOVERNING EMERGENCY VEHICLES/ AUTHORIZED EMERGENCY VEHICLES › Section 11.07.03.021 - EQUIPMENT REQUIRED

Current through August 31, 2023
01.
Authority
. Pursuant to Section  49-901, Idaho Code, the Director has authority to approve and disapprove warning lighting devices on emergency vehicles and to issue and enforce regulations for such emergency warning lighting devices. (3-23-22)
02.
Equipment
. Every authorized emergency vehicle must be equipped in conformance with Section  49-623(3), Idaho Code, with at least one (1) red light visible in a three hundred and sixty (360) degree arc at a distance of one thousand feet (1000') under normal atmospheric conditions and/or an audible signaling device having a decibel rating of at least one hundred (100) decibels at a distance of ten feet (10'). (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.07.03 - RULES GOVERNING EMERGENCY VEHICLES/ AUTHORIZED EMERGENCY VEHICLES › Section 11.07.03.022 - PROCEDURE

Current through August 31, 2023
01.
Approval
. If the Director approves the application, he may issue a certificate of approval which is valid for thirty (30) days, during which time the emergency equipment may be installed. After installation of the emergency equipment, the applicant must bring the vehicle to a district office of the Idaho State Police to be examined to determine if the equipment is of an approved type and is properly mounted. An Idaho State Police officer must certify the results of this examination on a form prescribed and provided by the department, and the applicant must file the form with the Idaho State Police. (3-23-22)
02.
Carried
. The certificate of approval, and when issued the agreement or copies thereof, including all endorsements for changes of conditions, must be carried in the authorized emergency vehicle or limited authorized emergency vehicle at all times and be displayed upon request of any law enforcement officer. (3-23-22)
03.
Violation
. Violation of any of the Rules is grounds for suspension or revocation of the authorized emergency vehicle agreement or limited authorized emergency vehicle agreement without prior written notice or opportunity for hearing. (3-23-22)
04.
Authorization
. Any authorization may be terminated at any time without cause or prior written notice or opportunity for hearing by the Director or his designated representative. (3-23-22)
05.
Copy
. A copy of the authorized emergency vehicle certificate approved by the Director or limited authorization certificate approved by the Director must be carried in each authorized vehicle and shown to any peace officer upon request. (3-23-22)
06.
Valid
. Any renewals or new applications expire on June 30 of each subsequent year following. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.10.01 - RULES GOVERNING IDAHO PUBLIC SAFETY AND SECURITY INFORMATION SYSTEM › Section 11.10.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
Title 19, Chapter 52, Idaho Code, creates an information system board and authorizes it to make rules necessary to establish and operate the Idaho Public Safety and Security Information System, known as "ILETS." (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.10.01 - RULES GOVERNING IDAHO PUBLIC SAFETY AND SECURITY INFORMATION SYSTEM › Section 11.10.01.002 - INCORPORATION BY REFERENCE

Current through August 31, 2023
01.
Incorporated Documents
. IDAPA 11.10.01 incorporates by reference the full text of the requirements relating to criminal justice information and the system used to transport such information found in the following documents: (3-23-22)
a. "Criminal Justice Information Systems," 28 CFR Part 20 (July 1, 2006); (3-23-22)
b. "Criminal Justice Information Systems--CJIS Security Policy," Federal Bureau of Investigation, Criminal Justice Information Services (CJIS) Division, Version 5.8 (June 2019); (3-23-22)
c. "National Crime Information Center 2000, Operating Manual," Federal Bureau of Investigation, National Crime Information Center (August 2015); (3-23-22)
d. The International and Public Safety Network, NLETS, Users Guide, (October 19, 2012); (3-23-22)
e. The International and Public Safety Network, NLETS, Policies and Procedures, (October 19, 2012). (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.10.01 - RULES GOVERNING IDAHO PUBLIC SAFETY AND SECURITY INFORMATION SYSTEM › Section 11.10.01.010 - DEFINITIONS

Current through August 31, 2023
01.
Access Agency
. An agency that electronically accesses ILETS through the services of an interface agency. (3-23-22)
02.
Administration of Criminal Justice
. (3-23-22)
a. Performance of any of the following activities: detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. (3-23-22)
b. It also includes: criminal identification activities; and collection, storage, and dissemination of criminal history record information. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.10.01 - RULES GOVERNING IDAHO PUBLIC SAFETY AND SECURITY INFORMATION SYSTEM › Section 11.10.01.012 - EXECUTIVE OFFICER OF THE BOARD

Current through August 31, 2023
01.
Authority of Office
. The executive officer represents the Board in the day-to-day administration of ILETS and is responsible for ensuring that all policies and decisions of the Board are promulgated pursuant to the authority of Chapter 52, Title 19, Idaho Code. The executive officer may delegate duties to employees and officers of the department and executes instruments for, and on behalf of, the Board and ILETS. (3-23-22)
02.
Additional Responsibilities
. The executive officer is responsible for ensuring, subject to adequate legislative appropriations, that the Board receives adequate staff support and that the following staff duties are performed: (3-23-22)
a. Preparation and dissemination of agendas, posting of legal notices of all meetings, and maintenance of a written record of the proceedings of board meetings; and (3-23-22)
b. Management of all documents relating to the Board and ILETS operations. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.10.01 - RULES GOVERNING IDAHO PUBLIC SAFETY AND SECURITY INFORMATION SYSTEM › Section 11.10.01.016 - ILETS NETWORK

Current through August 31, 2023
01.
Establishment
. The executive officer establishes ILETS as a program of the Idaho State Police or its successor agency. (3-23-22)
02.
Responsibilities
. The program, as established by the executive officer, has the following responsibilities: (3-23-22)
a. Develop and operate a computerized criminal justice telecommunications and information system that provides message switching and record inquiry and retrieval capabilities. (3-23-22)
b. Publish an ILETS Operations Manual and distribute copies to each user agency. (3-23-22)
c. Function as the NCIC control terminal agency and the NLETS control terminal agency for the State of Idaho. (3-23-22)
d. Assist and train criminal justice agencies regarding information retrieved from ILETS and associated systems for use in administration of criminal justice. (3-23-22)
e. Develop and maintain linkages with the Idaho Transportation Department, Idaho Department of Correction, other agencies and systems to make appropriate information available to Idaho criminal justice agencies that will assist them in the enforcement of state criminal and traffic laws and regulations. (3-23-22)
f. Provide staff support to the ILETS Board. (3-23-22)
g. Operate a program of record validation, quality control, and audits to ensure that records entered into ILETS and NCIC files by the department and user agencies are kept accurate and complete and that compliance with state and national standards is maintained. (3-23-22)
h. Create model management control agreements between criminal justice agencies and non-criminal justice agencies. (3-23-22)
i. Provide assistance and information access to non-criminal justice user agencies for statutory licensing, employment and regulatory purposes and for other purposes authorized by law and approved by the Board. (3-23-22)