reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.35 - UNEMPLOYMENT INSURANCE TAX ADMINISTRATION RULES › Section 09.01.35.106 - CLAIMS OF EXEMPTION

Current through August 31, 2023
Any employer claiming that services performed for the employer
				or remuneration paid by the employer does not constitute covered employment or
				covered wages, as defined in Section
				72-1316 and
				72-1328, Idaho Code, shall make a
				report to the Department of Labor of all pertinent facts upon which said claim
				is based, which report needs to be signed by the person making the claim, if he
				is the employer, or on behalf of the employer by an authorized representative.
				Ref. Section
				72-1337, Idaho Code.
				(3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.35 - UNEMPLOYMENT INSURANCE TAX ADMINISTRATION RULES › Section 09.01.35.107 - REMUNERATION PAID CONSTITUTES BOTH TAXABLE WAGES AND EXCLUDED AMOUNTS

Current through August 31, 2023
When remuneration paid includes payment for other than wages
				for services performed in covered employment, the employer's records must
				account for wages and other remuneration separately. When this distribution is
				not shown on the records, the employee's entire remuneration will be deemed to
				be wages. Ref. Section
				72-1337, Idaho Code.
				(3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.35 - UNEMPLOYMENT INSURANCE TAX ADMINISTRATION RULES › Section 09.01.35.108 - ELECTION TO EXEMPT CORPORATE OFFICERS

Current through August 31, 2023
A corporation may elect to exempt one (1) or more corporate
				officers from coverage by registering with the Department each qualifying
				corporate officer it elects to exempt pursuant to Section
				72-1352A, Idaho Code.
				Registrations in the format prescribed by the Department made on or before
				December 15th shall become effective on the first day of the next calendar year
				and remain effective for at least two (2) consecutive calendar years.
				Exemptions are not retroactive and no refund or credit shall be given for
				contributions paid before the effective date of the exemption. Exemptions
				continue to remain in effect after two (2) consecutive calendar years unless
				the exemption is terminated according to Subsection
				108.04 of this rule or coverage
				is reinstated according to Subsection
				108.05 of this rule.
				(3-23-22)
01.
Public Company
			 Election
. A public company, as defined in Section
			 72-1352A, Idaho Code, may elect to
			 exempt any bona-fide corporate officer who: (3-23-22)
a. Is voluntarily elected or voluntarily
			 appointed in accordance with the articles of incorporation or bylaws of the
			 corporation; (3-23-22)
b. Is a
			 shareholder of the corporation; (3-23-22)
c. Exercises control in the daily management
			 of the corporation; and (3-23-22)
d. Does not perform manual labor as a primary
			 work responsibility. (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.35 - UNEMPLOYMENT INSURANCE TAX ADMINISTRATION RULES › Section 09.01.35.111 - SERVICES PERFORMED PART IN COVERED EMPLOYMENT AND PART IN EXCLUDED EMPLOYMENT

Current through August 31, 2023
When wages paid cover services performed both in covered
				employment and excluded employment, the employer's records must show the hours
				and wages for covered employment and also hours and wages for excluded
				employment. When this distribution is not shown on the records, the employee's
				entire wage will be deemed to have been earned in covered employment. Ref.
				Section 72-1337, Idaho Code.
				(3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.35 - UNEMPLOYMENT INSURANCE TAX ADMINISTRATION RULES › Section 09.01.35.112 - DETERMINING STATUS OF WORKER

Current through August 31, 2023
01.
Determining if Worker Is an Employee
. In making a determination as
			 to whether a worker is performing services in covered employment, it shall be
			 determined whether the worker is an employee. To determine whether a worker is
			 an employee, the following factors may be considered: (3-23-22)
a. The way in which the business entity
			 represented its relationship with the worker prior to the investigation or
			 litigation, including representations to the Internal Revenue Service;
			 (3-23-22)
b. Statements made to the
			 Department; (3-23-22)
c. Method of
			 payment to the worker, in particular whether federal, state, and FICA taxes are
			 withheld from paychecks; and (3-23-22)
d. Whether life, health, or other benefits
			 are provided to the worker at the business entity's expense.
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.35 - UNEMPLOYMENT INSURANCE TAX ADMINISTRATION RULES › Section 09.01.35.131 - FARM COMMODITY OWNERSHIP

Current through August 31, 2023
In determining if the farm operator-processor produced more
				than fifty percent (50%) of the commodities being processed, the following
				apply: (3-23-22)
01.
Quantity
. It will be determined on a quantity basis where the farm
			 operator processes only one (1) commodity. (3-23-22)
02.
Wages
. It will be determined
			 on the basis of the relationship between wages paid for processing commodities
			 raised by the farm operator-processor and total wages paid for processing where
			 the farm operator processes several commodities. Wages paid for processing each
			 commodity will be determined. The proportionate share of such wages paid for
			 processing that portion of the commodity raised by the farm operator-processor
			 will be ascertained on the basis of the percentage of such commodity which was
			 produced by the farm operator. This will be done for each commodity processed
			 so as to ascertain total wages paid for processing commodities produced by the
			 farm operator-processor. If such total is more than fifty percent (50%) of the
			 total wages paid for processing all commodities, the activity will be exempt
			 but if it is fifty percent (50%) or less, it will not be exempt. Ref. Section
			 72-1304, Idaho Code.
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.35 - UNEMPLOYMENT INSURANCE TAX ADMINISTRATION RULES › Section 09.01.35.132 - STATUS

Current through August 31, 2023
01.
Status Information Required
.
			 To determine the taxable status of an employer, detailed information regarding
			 the business activities of any person engaged in business in Idaho shall be
			 submitted as required, including articles of incorporation, articles of
			 organization, minutes of boards of directors, financial reports, partnership
			 agreements, number of employees, wages paid, employment contracts, income tax
			 records, and any other records or other information which may tend to establish
			 such person's status. Ref. Section
			 72-1337, Idaho Code.
			 (3-23-22)
02.
Notification to
			 Liable Employers
. An employer shall be notified in writing of any
			 determination as to its liability for contributions, or its status as a covered
			 employer if a formal determination was made after the employer questioned its
			 status. The determination shall be in the form required by IDAPA
			 09.01.01.27.01, and shall become final if no timely appeal is taken to an
			 appeals examiner pursuant to the Rules of Administrative Procedure of the
			 Department of Labor. (3-23-22)
03.
Employer Quarterly Report Forms
. Employers who are liable to pay
			 tax contributions, or who have elected a cost reimbursement option in lieu of
			 tax contributions, shall submit quarterly report forms in any form or medium
			 designated by the director or his authorized representative. Ref. Section
			 72-1349, Idaho Code.
			 (3-23-22)
04.
Update
			 Requirements
. Covered employers shall furnish the Department with
			 pertinent status data when new or additional information is available. Ref.
			 Section 72-1337, Idaho Code.
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.35 - UNEMPLOYMENT INSURANCE TAX ADMINISTRATION RULES › Section 09.01.35.134 - PROFESSIONAL EMPLOYER ORGANIZATIONS

Current through August 31, 2023
A professional employer organization shall fully comply with
				the requirements of the Professional Employer Recognition Act, Chapter 24,
				Title 44, Idaho Code in order to be eligible for any transfers of experience
				rating as allowed by Section
				72-1349B, Idaho Code.
				(3-23-22)
01.
Methods of
			 Reporting
. To report the wages and employees covered by the professional
			 employer arrangement between a professional employer and client, professional
			 employers and their clients shall make reports to the Department in one (1) of
			 the following ways, subject to the conditions in Subsections
			 134.02 through
			 134.06 of this rule: (3-23-22)
a. Report the workers included in the
			 professional employer arrangement under the employer account number of the
			 professional employer and transfer the rate of the client to the professional
			 employer; or (3-23-22)
b. Report
			 the workers included in the professional employer arrangement under the
			 employer account number of the client without an experience rate transfer. Ref.
			 Section 72-1349B, Idaho Code.
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.35 - UNEMPLOYMENT INSURANCE TAX ADMINISTRATION RULES › Section 09.01.35.166 - FIELD OPERATIONS CONTROL

Current through August 31, 2023
When circumstances dictate, and as a result of nonpayment of
				liabilities, the employer shall be notified by mail to the last known address
				of lien proceedings against the employer's interests, with an explanation of
				the amounts due, and the accrual of interest at the proper rate until the lien
				is satisfied. Ref. Section
				72-1360, Idaho Code.
				(3-23-22)
01.
Limitation for
			 Commencing Administrative Procedures
. The director may commence an
			 administrative proceeding for purposes of establishing a tax liability, or
			 otherwise to enforce the provisions of Section
			 72-1349, Idaho Code, by issuing a
			 determination at any time within five (5) years from the due date of a
			 quarterly report or the date a quarterly report is filed, whichever is later,
			 subject to tolling pursuant to Section
			 72-1349, Idaho Code. (3-23-22)
a. Notification of Audits. Employers shall be
			 notified as soon as practicable of an impending payroll records audit for tax
			 liability purposes. This shall allow time in which to agree as to a convenient
			 time and place for audit. Ref. Section
			 72-1337, Idaho Code.
			 (3-23-22)
b. Frequency of Audits.
			 The frequency of audits or inspections of an employer's records to ensure
			 compliance with the law and Department rules shall be based on the following
			 criteria: (3-23-22)
i. On the basis of random
			 selection and other selection criteria in accordance with federal requirements;
			 (3-23-22)
ii. As a result of
			 information received from any source, provided that the information received is
			 of such a nature that it would be reasonable to conduct an audit or inspection
			 of records as a result of that information; or (3-23-22)
iii. As a result of a previous audit, if the
			 business practices or records of the employer are of such a nature that it
			 would be reasonable for a Department employee to re-inspect or re-audit the
			 records to ensure future compliance with the law. Ref. Section
			 72-1337, Idaho Code.
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.35 - UNEMPLOYMENT INSURANCE TAX ADMINISTRATION RULES › Section 09.01.35.186 - ACCOUNTING AND DELINQUENCY CONTROL

Current through August 31, 2023
Overpayments on employer accounts may be refunded without
				written application by the employer. Credits resulting from overpayments or
				adjustments to an employer's account shall be refunded periodically unless such
				credit is applied to a subsequent balance due. Ref. Section
				72-1357, Idaho Code.
				(3-23-22)
01.
Erroneous Wage
			 Reports
. An employer submitting an erroneous report of employee wages
			 resulting in payment of unearned unemployment insurance benefits shall have
			 said benefit payments subtracted from any refund due that employer, if such
			 employer benefited from the unearned benefit payments. Ref. Section
			 72-1372, Idaho Code.
			 (3-23-22)
02.
Notification of
			 Underpayments
. Employers shall be notified periodically of any taxes,
			 penalties, or lien interest due on their tax account. Ref. Section
			 72-1349, Idaho Code.
			 (3-23-22)
03.
Cancellation of
			 Refund Warrants
. Refund warrants, outstanding after the validity date,
			 shall be canceled, stop-payment procedures initiated, and then reissued only
			 upon completion of an affidavit for the replacement of the lost or destroyed
			 warrant. Ref. Section
			 72-1357, Idaho Code.
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.35 - UNEMPLOYMENT INSURANCE TAX ADMINISTRATION RULES › Section 09.01.35.231 - EXPERIENCE RATING - QUALIFYING PERIOD

Current through August 31, 2023
When an eligible employer ceases to have covered employment for
				a period of six (6) consecutive quarters or more, they must complete another
				qualifying period in order to again be eligible for consideration for a reduced
				contribution rate. Ref. Section
				72-1319, Idaho Code.
				(3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.35 - UNEMPLOYMENT INSURANCE TAX ADMINISTRATION RULES › Section 09.01.35.241 - BOARD, LODGING, MEALS

Current through August 31, 2023
When board, lodging, meals, or any other payment in kind
				considered as payment for services performed by an employee constitute a part
				of wages or wholly comprise an employee's wages, the value of such board,
				lodging, or other payment shall be determined as follows: (3-23-22)
01.
Cash Value
. If a cash value
			 for such board, lodging, or other payment is agreed upon in any contract of
			 hire, the amount so agreed upon shall be used provided it is a reasonable, fair
			 market value. If there is no agreement, or if the contract of hire states an
			 amount less than a reasonable, fair market value, the Department of Labor shall
			 determine the reasonable or fair market value to be used. Ref. Section
			 72-1328, Idaho Code.
			 (3-23-22)
02.
Meals and
			 Lodging Not Included in Gross Wages
. The value of meals and lodging
			 furnished by an employer to the employee will not be included in the employee's
			 gross income if it meets the following tests: (3-23-22)
a. The meals or lodging are furnished on the
			 employer's business premises; (3-23-22)
b. The meals or lodging are furnished for the
			 employer's convenience; and (3-23-22)
c. In the case of lodging (but not meals),
			 the employees must be required to accept the lodging as a condition of their
			 employment. This means that they must accept the lodging to allow them to
			 properly perform their duties. (3-23-22)
d. In order to exclude the value of lodging
			 from an employee's gross wages, the employer must show that the wages paid to
			 the employee for services performed meets the prevailing wage for those
			 services. If the employer's records do not show or establish that the employee
			 received the prevailing wage for services performed, then the reasonable or
			 fair market value of the lodging will be included in the employee's gross
			 income as wages. Ref. Section
			 72-1328, Idaho Code.
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.35 - UNEMPLOYMENT INSURANCE TAX ADMINISTRATION RULES › Section 09.01.35.256 - DETERMINATION OF FAIR VALUE OF REMUNERATION FOR PERSONAL SERVICES

Current through August 31, 2023
When the amount paid to an employee by an employer includes
				remuneration for other than personal services such as equipment use, travel
				costs, etc., the Director shall determine the fair value of the remuneration
				for the employee's personal services. In making such determination, the
				Director shall consider the wages specified in the contract of hire, the
				prevailing wages for similar work under comparable conditions, and other
				pertinent factors. The wages so determined by the Director shall be reported by
				the employer. Ref. Section
				72-1328, Idaho Code.
				(3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.35 - UNEMPLOYMENT INSURANCE TAX ADMINISTRATION RULES › Section 09.01.35.262 - DETERMINATION OF PROPER QUARTER IN WHICH TO ASSIGN AND REPORT WAGES

Current through August 31, 2023
01.
Wage Assignment to Proper Calendar
			 Quarter
. Wages paid shall be assigned to the calendar quarter in which
			 the wages were: (3-23-22)
a. Actually paid to
			 the employee in accordance with the employer's usual and customary payday as
			 established by law or past practice; or (3-23-22)
b. Due the employee in accordance with the
			 employer's usual and customary payday as established by law or past practice
			 but not actually paid on such date because of circumstances beyond the control
			 of the employer or the employee; or (3-23-22)
c. Not paid on the usual or customary payday
			 as established by law or past practice but set apart on the employer's books as
			 an amount due and payable or otherwise recognized as a specific and
			 ascertainable amount due and payable to the worker in accordance with an
			 agreement or contract of hire under which services were rendered. Ref. Section
			 72-1367, Idaho Code.
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.35 - UNEMPLOYMENT INSURANCE TAX ADMINISTRATION RULES › Section 09.01.35.263 - DETERMINATION OF REPORTABLE QUARTERS

Current through August 31, 2023
An employer shall be covered for all four (4) quarters in the
				calendar year in which the employer becomes a covered employer as well as for
				all four (4) quarters in the succeeding calendar year. Employers are not
				required to file quarterly reports until meeting the coverage criteria pursuant
				to Section
				72-1315, Idaho Code. Upon becoming
				a covered employer within a calendar year, the quarterly report(s) for the
				quarter(s) prior to the employer becoming covered shall be filed with the
				quarterly report for the quarter in which the employer became covered.
				Quarterly reports for the periods subsequent to coverage shall be filed when
				due after the end of each quarter. Ref. Sections
				72-1315 and
				72-1337, Idaho Code.
				(3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.02.01 - RULES OF THE DISABILITY DETERMINATIONS SERVICE › Section 09.02.01.010 - DEFINITIONS

Current through August 31, 2023
01.
Consultative Examinations
.
			 Consultative examinations include physical and mental examinations, x-rays,
			 laboratory tests, and special diagnostic studies from qualified sources.
			 (3-23-22)
02.
Medical
			 Evidence of Record
. Medical evidence of record includes medical history
			 reports, medical opinions, treatment records, copies of laboratory reports,
			 prescriptions, ancillary tests, x-rays, operative and pathology reports,
			 consultative reports, and other technical information used to document
			 disability claims. (3-23-22)
03.
Travel
. Travel includes costs associated with applicants,
			 beneficiaries, recipients, and other authorized individuals in connection with
			 attending consultative examinations or disability hearings by commercial
			 carrier (air, rail, taxi, shuttle, or bus), or privately owned vehicles.
			 (3-23-22)
04.
Interpretive
			 Services
. Interpretive services include authorized contracted
			 interpreters for individuals with limited English proficiency or requiring
			 language assistance for a consultative examination or disability hearing.
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.02.01 - RULES OF THE DISABILITY DETERMINATIONS SERVICE › Section 09.02.01.022 - PAYMENT FOR SERVICES

Current through August 31, 2023
In order to receive payment for services provided, submission
				of bills must be within one year from date of service. This includes
				consultative examinations, medical evidence of record, travel, and
				interpretative services. (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.05.03 - RULES FOR DETERMINING BARGAINING REPRESENTATIVES › Section 09.05.03.000 - LEGAL AUTHORITY

Current through August 31, 2023
These rules are promulgated under Section
				72-1382, Idaho Code, and Title 67,
				Chapter 52, Idaho Code. (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.05.03 - RULES FOR DETERMINING BARGAINING REPRESENTATIVES › Section 09.05.03.001 - SCOPE

Current through August 31, 2023
The rules govern all proceedings before the Department brought
				pursuant to Section
				72-1382, Idaho Code, or concerning
				mediation proceedings brought pursuant to Section
				72-1381, Idaho Code. IDAPA
				Sections 09.05.03.011,
				09.05.03.012,
				09.05.03.013, and
				09.05.03.014 relate only
				to powers concerning determination of representation under Section
				72-1382, Idaho Code, and for
				conciliation and mediation purposes under Section
				72-1381, Idaho Code.
				(3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.05.03 - RULES FOR DETERMINING BARGAINING REPRESENTATIVES › Section 09.05.03.012 - UNION AGREEMENTS AND INSULATED PERIOD

Current through August 31, 2023
Once the contract becomes effective as a bar to an election, no
				petition will be accepted until the end of the period during which the contract
				is effective as a bar. A contract for a fixed period of more than three (3)
				years will bar an election sought by a contracting party during the life of the
				contract, but will act as a bar to an election sought by an outside party for
				only three (3) years following its effective date. A contract of no fixed
				period will not act as a bar at all. Petitions filed not more than ninety (90)
				days but over sixty (60) days before the end of the contract bar period will be
				accepted and can bring about an election, or if a petition is filed after a
				contract expires it will be accepted. The last sixty (60) days of the contract
				bar period is called an insulated period. During that time the parties to the
				existing contract are free to negotiate a new contract or to agree to extend
				the old one. If they do so, petitions will not be accepted until ninety (90)
				days before the end of the new contract bar period. (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.05.03 - RULES FOR DETERMINING BARGAINING REPRESENTATIVES › Section 09.05.03.013 - STRIKERS DEEMED EMPLOYEES

Current through August 31, 2023
Strikers are deemed to be employees even though replaced by
				other workers for representation purposes only and may be entitled to vote in
				any election conducted within twelve (12) months after the commencement of the
				strike. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.02.01 - RULES OF THE IDAHO STATE BRAND BOARD › Section 11.02.01.001 - SCOPE

Current through August 31, 2023
The rules relate to the governance and operation of the Idaho State Brand Board. These rules also provide for the issuance and administration of livestock dealer licenses, the collection of appropriate fees for licensure, the provision of requirements necessary for licensure. (3-15-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.02.01 - RULES OF THE IDAHO STATE BRAND BOARD › Section 11.02.01.005 - DEFINITIONS

Current through August 31, 2023
The definitions found in Sections  25-1101  and  25-3301, Idaho Code, also apply to these rules. Additionally, the following terms have the following definitions: (3-15-22)
01.
Auction Brand Inspection Certificate
. A brand inspection certificate issued to the new owner only from organized auction market sales. In addition to the information required of a brand inspection certificate by Section  25-1101, Idaho Code, the auction brand certificate must contain: (3-15-22)
a. The names and addresses of the buyer and/or new owner; (3-15-22)
b. The destination of the livestock for the new owner; (3-15-22)
c. The auction market name and location and the date of the sale; (3-15-22)
d. The number of livestock inspected in each category of animals as designated on the auction brand inspection certificate. (3-15-22)
e. The signature of either an Idaho brand inspector or a clerk. (3-15-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.02.01 - RULES OF THE IDAHO STATE BRAND BOARD › Section 11.02.01.011 - RECORDING, USE AND PLACEMENT OF BRANDS

Current through August 31, 2023
01.
Recording and Use of Brands
. (3-15-22)
a. All brands must be recorded with the State Brand Inspector. (3-15-22)
b. No person may brand livestock with an unrecorded brand. (3-15-22)
c. No person may use any brand registered to any other person. (3-15-22)
d. No person may lease a brand to any other person. (3-15-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.02.01 - RULES OF THE IDAHO STATE BRAND BOARD › Section 11.02.01.015 - BRAND ALTERNATIVES

Current through August 31, 2023
01.
Identification
. Identification marks, devices or documents issued by the state brand inspector as an alternative to permanent marks may be used for each animal. Documents acceptable as an alternative to a permanent brand must be approved by the State Brand Inspector and are as follows: (3-15-22)
a. Lifetime Ownership and Transportation certificate for horses, mules and asses. Such certificate must show pictures of two (2) side views, including registration numbers where appropriate. (3-15-22)
b. Purebred registration papers for cattle used for breeding or show purposes. (3-15-22)
c. Any other form of positive identification requested to be used by a livestock owner. (3-15-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.02.01 - RULES OF THE IDAHO STATE BRAND BOARD › Section 11.02.01.016 - BRANDING OF SHEEP

Current through August 31, 2023
Brands for sheep may be recorded in the same manner and for the same fee as other recorded brands. Sheep brands must comply with Section  25-1142, Idaho Code. (3-15-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.02.01 - RULES OF THE IDAHO STATE BRAND BOARD › Section 11.02.01.019 - BRAND INSPECTIONS

Current through August 31, 2023
01.
Owners
. Owners of livestock must obtain a brand inspection in any of the following situations: (3-15-22)
a. When ownership of livestock changes in any manner; (3-15-22)
b. When livestock are to be moved out of the state within ninety-six (96) hours, unless the transportation of the livestock is covered by an ownership and transportation certificate or an annual inspection certificate; (3-15-22)
c. When livestock are to be slaughtered within ninety-six (96) hours; (3-15-22)
d. When a recorded brand is sold or transferred to a new owner, except that no brand inspection is required if no livestock carry the brand that is to be transferred; or the transfer involves the addition or deletion of owners to the recorded brand as provided in Subsection  011.05.b.; or when brand owners incorporate as provided in Subsection  011.05.b. (3-15-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.02.01 - RULES OF THE IDAHO STATE BRAND BOARD › Section 11.02.01.020 - BABY CALVES - OWNER INSPECTION

Current through August 31, 2023
01.
General Requirements for Baby Calf Inspection
. Baby calves that are ten (10) days or less old, may be sold within the state of Idaho, by their owner or the owner's agent, without a state brand inspection established in the provisions of Section  019, under the following conditions: (3-15-22)
a. The baby calf must have been given birth to by a cow that the owner of the baby calf owned at the time of the baby calf's birth; (3-15-22)
b. The owner of the baby calf, or the owner's agent, must inspect the baby calf; (3-15-22)
c. The owner of the baby calf, or the owner's agent, must maintain an accurate baby calf sales report, that establishes proof of ownership and transfer of any baby calves; (3-15-22)
d. The completed baby calf sales report must fully and accurately set forth the names and addresses of the owner and the buyer and be signed by both the owner or the owner's agent and the buyer and must be made available to a Brand Inspector upon request; (3-15-22)
e. At the time of the owner inspection, the baby calf must have no brand or have the owner's brand; (3-15-22)
f. Conditions of Baby Calf Inspections by owner contained here do not apply to baby calves sold at public livestock markets, slaughter plants, or circumstances that require a brand inspection for baby calves leaving the state of Idaho. (3-15-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.02.01 - RULES OF THE IDAHO STATE BRAND BOARD › Section 11.02.01.021 - ANNUAL BRAND INSPECTION CERTIFICATE

Current through August 31, 2023
01.
Certificates
. Annual brand inspection certificates for livestock may be used to transport livestock or for any purpose other than for the purpose of slaughter, sale or trade. (3-15-22)
02.
Annual Brand Inspection Form Also Known as "Seasonal."
Annual brand inspection certificates will expire zero (0) to twelve (12) months from the date of issue as determined by the Brand Inspector and contain the breed, color, sex, markings, brands and location thereof, breed registry number if appropriate, and any other information that distinguishes the animal or animals for which the certificate is issued. (3-15-22)
03.
Annual Inspection
. Subsection  030.01  which requires that livestock be transported out of the state within ninety-six (96) hours of the brand inspection of the livestock, does not apply to annual inspections. (3-15-22)
04.
Agreements
. The State Brand Inspector is authorized to enter into reciprocal agreements with brand authorities in adjacent states to allow livestock to move between the two states using the annual brand inspection issued in the home state. (3-15-22)
05.
Fee
. The fee for an annual brand inspection certificate is provided in Subsection  034.01. (3-15-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.02.01 - RULES OF THE IDAHO STATE BRAND BOARD › Section 11.02.01.022 - LIFETIME OWNERSHIP AND TRANSPORTATION CERTIFICATES

Current through August 31, 2023
01.
Owner
. Any owner of a horse, mule or ass may request a lifetime ownership and transportation certificate by contacting a brand inspector. (3-15-22)
02.
Detain
. In the event that a brand inspector or other law enforcement officer finds a person who is not the owner of an animal in possession of both the animal and the lifetime ownership and transportation certificate, the brand inspector or other law enforcement officer may detain the animal for a sufficient period of time to determine the validity of the non-owner's possession of such animal. Any expenses caused by the detention are paid by the person in possession of the animal and certificate, or by the actual owner of the animal. (3-15-22)
03.
Nationwide
. Lifetime ownership and transportation certificates issued under Section  25-1122, Idaho Code, may be used nationwide for transportation of horses, mules and asses. (3-15-22)
04.
Validity
. Lifetime ownership and transportation certificates for any horse, mule or ass is valid so long as the animal remains within the ownership of the person to whom the certificate was issued. The lifetime ownership and transportation certificate is not transferable. (3-15-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.02.01 - RULES OF THE IDAHO STATE BRAND BOARD › Section 11.02.01.030 - TRANSPORTATION OF LIVESTOCK

Current through August 31, 2023
01.
Out-of-State
. Any person transporting livestock out of the state of Idaho must obtain a brand inspection before the animals leave the state, as provided by Section  25-1121, Idaho Code. The brand inspection must be obtained no more than ninety-six (96) hours prior to the transport of the livestock out of the state. Provided, however, that a brand inspection is not required if the livestock are accompanied by either of the following documents: (3-15-22)
a. The Idaho lifetime ownership and transportation certificate described in Section  022, which may be used by the owner to transport horses, mules or asses nationwide; and (3-15-22)
b. The annual inspection certificate described in Section  021, which may be used to transport livestock out of the state of Idaho. (3-15-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.02.01 - RULES OF THE IDAHO STATE BRAND BOARD › Section 11.02.01.031 - IDAHO LIVESTOCK MOVING TO PASTURE OUT OF STATE

Current through August 31, 2023
Livestock owned by an Idaho livestock owner, bearing an Idaho recorded brand, leaving the state of Idaho for grazing or pasture purposes only, and to be returned to the state of Idaho at a later date, will be inspected by an Idaho brand inspector at one-half (1/2) of the regular per head inspection fee, provided that if the State Brand Inspector determines an inspection fee is not necessary, he may issue a brand inspection without charge. Livestock leaving the state of Idaho for pasture purposes, which are not to be returned to the state of Idaho by their owner, will be charged the regular inspection fee and additional fees provided in Subsection  034.01. (3-15-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.02.01 - RULES OF THE IDAHO STATE BRAND BOARD › Section 11.02.01.032 - LIVESTOCK AUCTION SALES

Current through August 31, 2023
01.
General
. Livestock auction sales include all public livestock markets chartered by law, dispersal sales of livestock subject to brand inspection, and sales of livestock by an association of breeders subject to brand inspection where livestock are physically sold to the highest bidder. (3-15-22)
02.
Other Groups
. Sales of livestock at county fairs within the state involving Future Farmers of America (FFA) and 4-H groups are not auction sales for the purpose of charging and collecting the minimum brand inspection fee in Subsection  034.01. (3-15-22)
03.
Fee
. The minimum brand inspection fee will be charged and collected at all auction sales described in this rule. The fee must be paid by the livestock auction sale, whether or not the inspection fees received from the owners of livestock inspected equals the minimum fee. If the fees paid by the owners of livestock inspected at the sale, as shown as to number of head on the brand inspector's auction tally sheet, exceed the minimum fee, the actual amount of fees collected by the auction operator must be paid, rather than the minimum amount. (3-15-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.02.01 - RULES OF THE IDAHO STATE BRAND BOARD › Section 11.02.01.033 - BRAND INSPECTIONS AT SLAUGHTER PLANTS AND MOBILE SLAUGHTER UNITS

Current through August 31, 2023
01.
Notification
. All livestock slaughtering plants and mobile slaughtering units must notify the local brand inspector in advance of any livestock slaughtering operation. Brand inspection of the animals to be slaughtered must be accomplished not more than ninety-six (96) hours prior to slaughtering, whether for commercial purposes or for the owner's immediate family needs. (3-15-22)
02.
Records
. Such slaughtering operations must keep accurate records indicating the number of animals slaughtered, the source of the animals, ownership and the brands on such animals. Such records must be available for inspection by the brand inspector during regular business hours. (3-15-22)
03.
Record of Ownership
. In the event no brand inspector is available for inspection prior to slaughter of livestock, the owner of such livestock and the persons slaughtering the livestock must complete a record of ownership. Such record must be retained by the person who slaughtered the animal(s) until it may be submitted to the brand inspector. (3-15-22)
04.
Collection
. In situations when a brand inspector cannot be present before the time of slaughter, slaughter plants and mobile slaughter units must collect the brand inspection fees for each animal slaughtered and remit the same to the brand inspector. (3-15-22)
05.
Inspection
. All slaughter plants and mobile slaughter units must permit a brand inspector to inspect the hides removed from slaughtered livestock. The hides must be kept for ten (10) days. (3-15-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.02.01 - RULES OF THE IDAHO STATE BRAND BOARD › Section 11.02.01.034 - SCHEDULE OF FEES

Current through August 31, 2023
01.
Fees
. Fees authorized by the Board and to be collected by the Brand Inspector are as follows:
SCHEDULE OF FEES
Recording of a Brand
$50 initial recording fee plus a $20 per year prorated staggered recording fee every year thereafter
Transfer of a recorded brand
$50.00
Renewal of a recorded brand (every five years)
$100.00
Duplicate brand registration certificate
$1.50
Lifetime ownership and transportation certificate
$50.00
Duplicate lifetime ownership and transportation certificate
$5.00
Annual inspection equine or bovine
$5.00
CATTLE
HORSES
Brand inspection (per head)
$1.19
$5.00
Idaho livestock to pasture (per head)
$.60
$2.50
Minimum auction fee (per day)
$50.00
$50.00
Minimum field brand inspection fee
$20.00
$20.00
Equine farm service fee
$45.00
Courtesy brand inspection
$1.19
$5.00
Fees To Be Collected By The State Brand Inspector For Other State Agencies:
Idaho Beef Council (per head)
$1.50
Idaho Horse Board (per head)
$3.00
Idaho Department of Agriculture:
Animal Disease Control (per head)
$.22
Animal Damage Control (per head)
$.05
Wolf Control Assessment
$25/brand renewal $5/staggered recording fee every year thereafter
(3-15-22)
02.
Due and Payable
. All brand inspection fees, and all other fees required to be collected by the Brand Inspector are due and payable at the time of inspection, except that livestock owners may make arrangements with a deputy brand inspector and approved by the state brand inspector to pay for all accumulated brand inspection fees to be paid at least monthly. Failure to comply with the payment arrangement makes all fees immediately due and payable. (3-15-22)
03.
Minimum Fees
. Feedlots, currently approved by the Idaho Department of Agriculture, and slaughter plants are exempt from the minimum brand inspection fee. Other minimum brand inspection fees may be waived at the discretion of the State Brand Inspector or District Brand Supervisor. (3-15-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.02.01 - RULES OF THE IDAHO STATE BRAND BOARD › Section 11.02.01.040 - CLAIMS FOR FUNDS OR LIVESTOCK SUBJECT TO A HOLD ORDER

Current through August 31, 2023
01.
Claim
. Any person claiming to be the owner of any animal sold under Section  25-1174, Idaho Code, may claim the proceeds of the sale by filing a written and verified claim for such proceeds together with any supporting documents with the State Brand Inspector with the following information: (3-15-22)
a. The name and address of the claimant; (3-15-22)
b. A short, plain statement of the matters asserted in the claim, including but not limited to: facts as to ownership, a description of the animal including brands and marks, the location of the animals when they were last in the possession of the claimant, and any other pertinent facts tending to establish the claim; (3-15-22)
c. A claim for the proceeds, or portion of the proceeds, of the sale; (3-15-22)
d. Names and addresses, if known, of any other potential claimants to the funds; and (3-15-22)
e. A request for a hearing, if desired. (3-15-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.02.01 - RULES OF THE IDAHO STATE BRAND BOARD › Subchapter B - IDAHO LIVESTOCK DEALER LICENSING › Section 11.02.01.100 - APPLICATION FEES

Current through August 31, 2023
01.
Annual Fees
. The annual fees cover the period from July 1 to June 30 of the next year. (3-15-22)
02.
Livestock Dealer
. One hundred dollars ($100). (3-15-22)
03.
Representative
. Thirty-five dollars ($35). (3-15-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.02.01 - RULES OF THE IDAHO STATE BRAND BOARD › Subchapter B - IDAHO LIVESTOCK DEALER LICENSING › Section 11.02.01.101 - FINANCIAL INFORMATION

Current through August 31, 2023
Financial information must be filed with an application and show the gross amount of livestock purchases for the previous year. (3-15-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.02.01 - RULES OF THE IDAHO STATE BRAND BOARD › Subchapter B - IDAHO LIVESTOCK DEALER LICENSING › Section 11.02.01.102 - LIVESTOCK DEALER BONDS

Current through August 31, 2023
A surety bond must be filed to support the application for a livestock dealer license as follows: (3-15-22)
01.
Bond
. File a bond from an Idaho surety or Packers and Stockyards U.S.D.A. in the amount required under "Coverage" shown herein. (3-15-22)
a. Coverage. To compute the required amount of bond coverage, divide the total dollar value of livestock purchased in Idaho during the preceding year, by one-half the number of days on which business was conducted. The number of days in any business year, for the purpose of this rule is two hundred sixty (260). Therefore, the divisor is one hundred thirty (130). The amount of bond coverage must be the next multiple of five thousand dollars ($5,000) above the amount so determined. When the computation exceeds seventy-five thousand dollars ($75,000) the amount of bond coverage need not exceed seventy-five thousand dollars ($75,000) plus ten percent (10%) of the excess over seventy-five thousand dollars ($75,000), raised to the next five thousand dollars ($5,000) multiple. In no case shall the amount of bond coverage be less than ten thousand dollars ($10,000). (3-15-22)
b.
Evidence
. Provide evidence of an Idaho surety or bond filed with the Packers and Stockyards U.S.D.A in the amount required. (3-15-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.02.01 - RULES OF THE IDAHO STATE BRAND BOARD › Subchapter B - IDAHO LIVESTOCK DEALER LICENSING › Section 11.02.01.103 - APPLICATION FOR REPRESENTATIVES OF A LICENSED LIVESTOCK DEALER

Current through August 31, 2023
A representative may only represent one (1) licensed livestock dealer at any one time. If an individual desires to act on behalf of more than one (1) dealer, he must apply for a regular livestock dealer license. The licensed livestock dealer who sponsors the applicant must sign and approve the application as well as agree to cover this representative under the dealer's bond. Upon approval of the application for a livestock dealer's license, the State Brand Inspector will issue a card to the licensed livestock dealer and representative(s). (3-15-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.02.01 - RULES OF THE IDAHO STATE BRAND BOARD › Subchapter B - IDAHO LIVESTOCK DEALER LICENSING › Section 11.02.01.105 - NOTIFICATION REQUIRED

Current through August 31, 2023
A licensee must notify the Board within two (2) days of cancellation of a bond affecting the license of the livestock dealer or termination of a licensed representative. (3-15-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.02.01 - RULES OF THE IDAHO STATE BRAND BOARD › Subchapter B - IDAHO LIVESTOCK DEALER LICENSING › Section 11.02.01.106 - BRAND INSPECTOR TO REQUIRE DEALER LICENSE NUMBER

Current through August 31, 2023
Each licensed livestock dealer and each representative shall provide a livestock dealer license number at the time a brand inspection is made for cattle, horses, mules or asses. The name of the licensed livestock dealer or representative together with the appropriate certificate or card number will be placed on the brand inspection certificate in the space for the "buyer." (3-15-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.02.01 - RULES OF THE IDAHO STATE BRAND BOARD › Subchapter B - IDAHO LIVESTOCK DEALER LICENSING › Section 11.02.01.107 - OUT OF STATE BUYERS

Current through August 31, 2023
01.
Application
. A livestock dealer who resides outside the state of Idaho may operate as a livestock dealer or representative within the state of Idaho by filing a proper application for an Idaho livestock dealer's license by complying with the bond requirements and receive a certificate authorizing such out of state livestock dealer to purchase livestock within the state of Idaho. (3-15-22)
02.
Applicability
. These rules apply to any livestock dealer purchasing livestock within the state of Idaho, whether or not such livestock as a destination within or outside the state of Idaho. (3-15-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.03.01 - RULES GOVERNING ALCOHOL TESTING › Section 11.03.01.000 - 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 testing, pursuant to Section  67-2901, Idaho Code. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.03.01 - RULES GOVERNING ALCOHOL TESTING › Section 11.03.01.002 - INCORPORATION BY REFERENCE

Current through August 31, 2023
The following are incorporated by reference in this chapter of rules: (3-23-22)
01.
Conforming Products List of Evidential Breath Measurement Devices (revised 11/2/2017)
. This document is available on the Internet at
https://www.gpo.gov/fdsys/pkg/FR-2017-11-02/pdf/2017-23869.pdf
. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.04.01 - RULES GOVERNING THE IDAHO STATE RACING COMMISSION › Subchapter A - GENERAL PROVISIONS › Section 11.04.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
This chapter is adopted pursuant to the legal authority of Title 54, Chapter 25, of the Idaho Code. (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 A - GENERAL PROVISIONS › Section 11.04.01.001 - SCOPE

Current through August 31, 2023
These rules govern the Idaho State Racing Commission, the definitions defined govern the Idaho State Racing Commission, the licensing procedures and the fees charged for licenses by the Idaho State Racing Commission, the controlled substance and alcohol testing of licensees and applicants by the Idaho State Racing Commission, the disciplinary hearings and appeals in the State of Idaho, the conduct and licensing of racing associations, govern the Racing Officials of the Idaho State Racing Commission, govern the conduct of Owners, Trainers, Authorized Agents, Jockeys, Apprentice Jockeys, and Jockey Agents in Idaho, governs the practices of veterinarians licensed by the Racing Commission, permitted medication of horses and drug testing of horses by the Idaho State Racing Commission, rules govern the running of live horse races in Idaho, describes the procedures and requirements for the claiming of horses and the conduct of claiming races, govern Pari-mutuel wagering in the State of Idaho, regulate simulcasting within Idaho and all aspects of simulcasting, and rules governing advanced deposit wagering in Idaho. (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 A - GENERAL PROVISIONS › SUB AREA A1 - RULES GOVERNING THE IDAHO STATE RACING COMMISSION › Section 11.04.01.005 - GENERAL AUTHORITY

Current through August 31, 2023
01.
Racing Commission to Regulate Races and Participation
. The Racing Commission will regulate each race meet and the persons who participate in each race meet. (4-6-23)T
02.
Racing Commission to Regulate Simulcast and Advance Deposit Wagering
. The Racing Commission will license and regulate all simulcast operators and activities and advance deposit wagering and activities. (4-6-23)T