reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 47 - Vocational Rehabilitation, Division of › Rule 47.01.01 - RULES GOVERNING VOCATIONAL REHABILITATION SERVICES › Section 47.01.01.103 - FAIR HEARING PROCESS

Current through August 31, 2023
An option available to any customer who is dissatisfied with any determination made by Division personnel that affects the provision of vocational rehabilitation services. A customer may request a fair hearing immediately without going through any other appeal steps. A customer or if appropriate their representative may request a timely review of the determination. Such requests must be made within twenty-one (21) calendar days of the Division's decision resulting in the initial disagreement or within twenty-one (21) calendar days of the conclusion of the informal review or mediation process, whichever is later. The fair hearing will be conducted by a fair hearing officer. (4-6-23)
01.
Written Request
. Requests for a fair hearing must be submitted in writing to the field services chief and state the customer's dissatisfaction with the agency's decision. (4-6-23)
02.
Timeline
. The hearing will be conducted within sixty (60) calendar days of receipt of the individual's request, unless resolution is achieved prior to the 60th day, or both parties agree to a specific extension of time. (4-6-23)
03.
Fair Hearing Officers
. The Division Administrator, or designee, and the State Rehabilitation Council will jointly maintain a list of fair hearing officers. The Administrator and the customer will select the fair hearing officer from the list. (4-6-23)
04.
Written Report
. The fair hearing officer will issue a written report of the decision within thirty (30) calendar days of the completion of the hearing. (4-6-23)
05.
Decision
. The decision of the fair hearing officer will be considered final by the Division. (4-6-23)
06.
Dispute
. Any party who disagrees with the decisions of a fair hearing officer will have the right to bring a civil action with respect to the matter in dispute. The action may be brought in any state court of competent jurisdiction or in a district court of the United States of competent jurisdiction without regard to the amount in controversy. (4-6-23)
Idaho Administrative Code › Title IDAPA 47 - Vocational Rehabilitation, Division of › Rule 47.01.01 - RULES GOVERNING VOCATIONAL REHABILITATION SERVICES › Section 47.01.01.200 - REFERRAL AND APPLICATION FOR SERVICES

Current through August 31, 2023
01.
Referral
. The Division will attempt contact within seven (7) business days after receipt of a referral request and will make a minimum of three (3) attempts to contact the individual before closing the referral. (4-6-23)
02.
Application for Services
. The application process includes the following; an individual must sign and date an application or make a request for alternate application, provide necessary information to begin an assessment of eligibility, including information gathered in the intake interview, and the customer is determined to be available and free of restrictions to complete the assessment process for determining eligibility for Division services. (4-6-23)
a. Residency Requirement. There is no duration of residency required to apply for Division services. Individuals must be available to participate in the vocational rehabilitation process and legally able to work in the United States (i.e., non-U.S. citizens must show they are legally able to work within the United States). (4-6-23)
b. Other Requirements. Customers must be available to participate in the eligibility determination process and will be informed of their rights and responsibilities as a customer of the program. (4-6-23)
Idaho Administrative Code › Title IDAPA 47 - Vocational Rehabilitation, Division of › Rule 47.01.01 - RULES GOVERNING VOCATIONAL REHABILITATION SERVICES › Section 47.01.01.201 - ELIGIBILITY REQUIREMENTS

Current through August 31, 2023
Eligibility for vocational rehabilitation services is based upon the following criteria: (4-6-23)
01.
Documentation of Impairment
. The customer has a physical or mental impairment documented by qualified; (4-6-23)
02.
Documentation of Impediment
. A determination by qualified personnel that the customer's physical or mental impairment constitutes a substantial impediment to employment; (4-6-23)
03.
Determination of Need for Services
. A determination by qualified personnel employed by the Division, that the customer requires vocational rehabilitation services to prepare for, secure, retain, advance in, or regain employment consistent with the applicant's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. (4-6-23)
04.
Presumption of Benefit
. The Division presumes that a customer who meets the eligibility requirements, can benefit in terms of an employment outcome, unless the severity of disability places this presumption of benefit in question, pursuant CFR 361.42(e). (4-6-23)
Idaho Administrative Code › Title IDAPA 47 - Vocational Rehabilitation, Division of › Rule 47.01.01 - RULES GOVERNING VOCATIONAL REHABILITATION SERVICES › Section 47.01.01.202 - PRESUMPTIVE ELIGIBILITY

Current through August 31, 2023
Individuals eligible for Social Security benefits under Title II or Title XVI of the Social Security Act, based upon their disability, are presumed to meet the eligibility requirements for vocational rehabilitation services, unless the vocational rehabilitation counselor questions the individual's ability to benefit from vocational rehabilitation services due to the severity of the individual's disability. (4-6-23)
Idaho Administrative Code › Title IDAPA 47 - Vocational Rehabilitation, Division of › Rule 47.01.01 - RULES GOVERNING VOCATIONAL REHABILITATION SERVICES › Section 47.01.01.203 - SEVERITY OF DISABILITY

Current through August 31, 2023
At the time a customer is determined eligible for vocational rehabilitation services, a determination of the severity of disability, as it relates to employment, will also be determined. A priority category assignment will be determined for all eligible individuals, in one (1) of the following categories: (4-6-23)
01.
Priority Category 1 - Eligible Individuals with the Most Significant Disabilities (MSD)
. (4-6-23)
a. Meets criteria established for a customer with a significant disability; and (4-6-23)
b. Experiences a severe physical and/or mental impairment that seriously limits three (3) or more functional categories (such as mobility, work skills, self-care, interpersonal skills, communication, self-direction or work tolerance) in terms of an employment outcome; and (4-6-23)
c. Requires multiple primary Individualized Plan for Employment (IPE) services over an extended period of time. (4-6-23)
Idaho Administrative Code › Title IDAPA 47 - Vocational Rehabilitation, Division of › Rule 47.01.01 - RULES GOVERNING VOCATIONAL REHABILITATION SERVICES › Section 47.01.01.204 - INDIVIDUALIZED PLAN FOR EMPLOYMENT

Current through August 31, 2023
01.
IPE Requirements
. An eligible customer, or their representative, may develop all or part of their IPE, with or without assistance from the Division, however the IPE must be agreed to by a qualified rehabilitation professional. The Division will not pay for IPE development services from other providers. The customer is given a copy of the signed IPE and any subsequent IPEs. There will be only one (1) active IPE at any given time. The Division supports vocational goals in competitive integrated employment, including supported employment and self-employment. The IPE will contain the mandatory components per  34 CFR 361.46. (4-6-23)
02.
Annual IPE Review
. IPEs will be reviewed at least once annually. (4-6-23)
Idaho Administrative Code › Title IDAPA 47 - Vocational Rehabilitation, Division of › Rule 47.01.01 - RULES GOVERNING VOCATIONAL REHABILITATION SERVICES › Section 47.01.01.205 - CASE CLOSURE

Current through August 31, 2023
The Division may close a customer's case at any time in the vocational rehabilitation process for various reasons, in compliance with federal regulations as stated in  34 CFR 361.43,  44, and  56  and federal reporting guidelines. General reasons for case closure may occur when the vocational rehabilitation counselor determines that a customer is either not eligible or no longer eligible for vocational rehabilitation services; is unavailable to participate in the vocational rehabilitation program; declines to participate in the vocational rehabilitation program; or the customer achieves an employment outcome. Regardless of when in the process the record of service is closed, the vocational rehabilitation counselor must make reasonable attempts to contact the individual, or as appropriate their representative, prior to case closure to discuss the pending case closure. A closure letter or appropriate form of communication will be sent to individuals whose case is being closed. (4-6-23)
Idaho Administrative Code › Title IDAPA 47 - Vocational Rehabilitation, Division of › Rule 47.01.01 - RULES GOVERNING VOCATIONAL REHABILITATION SERVICES › Section 47.01.01.206 - ORDER OF SELECTION

Current through August 31, 2023
01.
Order of Selection
. When the Division cannot provide the full range of vocational rehabilitation services to all eligible customers because of fiscal or personnel capacity constraints, the agency will enter an order of selection. The order of selection will be based on the following requirements: (4-6-23)
a. Students with disabilities, as defined by  34 CFR 361.5(c)(51), who received pre-employment transition services prior to eligibility determination and assignment to a disability priority category will continue to receive such services. (4-6-23)
b. All customers who have an Individualized Plan for Employment will continue to be served. (4-6-23)
Idaho Administrative Code › Title IDAPA 47 - Vocational Rehabilitation, Division of › Rule 47.01.01 - RULES GOVERNING VOCATIONAL REHABILITATION SERVICES › Section 47.01.01.300 - FINANCIAL PARTICIPATION REQUIREMENTS

Current through August 31, 2023
The Division will consider the financial participation of an eligible customer for the purposes of determining the extent of their participation in the costs of vocational rehabilitation services in accordance with  34 CFR 361.54. Financial participation will not be a consideration in the determination of eligibility for vocational rehabilitation services but will be a consideration in allocating the cost of vocational rehabilitation services, except those services described in  34 CFR 361.54(b)(3). (4-6-23)
01.
Financial Participation Assessment
. Financial participation will be assessed after eligibility and prior to IPE implementation, prior to a plan amendment, on an annual basis or if a customer's financial circumstances change significantly, whichever occurs sooner. (4-6-23)
Idaho Administrative Code › Title IDAPA 47 - Vocational Rehabilitation, Division of › Rule 47.01.01 - RULES GOVERNING VOCATIONAL REHABILITATION SERVICES › Section 47.01.01.301 - COMPARABLE BENEFITS

Current through August 31, 2023
Eligible customers will identify and use all comparable benefits that may be available during the development of the IPE, including, but not limited to, accommodations and auxiliary aids and services, which may meet, in whole or in part, the cost of vocational rehabilitation services. Comparable benefits and services must be utilized before agency funds are used. (4-6-23)
01.
Exempt Services
. Services exempt from the requirement to utilize comparable services and benefits include; medical, psychological or other examinations to determine eligibility, vocational counseling and guidance, information and referral, job related services to include job search, job supports, job placement and retention services, evaluation of vocational rehabilitation potential, and rehabilitation technology (not including personally prescribed devices). (4-6-23)
02.
Availability of Comparable Benefits
. If comparable services or benefits are not available at the time needed to ensure progress toward achieving the employment outcome, the Division may provide such services until comparable services and benefits become available. (4-6-23)
Idaho Administrative Code › Title IDAPA 47 - Vocational Rehabilitation, Division of › Rule 47.01.01 - RULES GOVERNING VOCATIONAL REHABILITATION SERVICES › Section 47.01.01.400 - PURCHASING REQUIREMENTS

Current through August 31, 2023
All services and purchases will follow federal, state, and Idaho Division of Purchasing guidelines. Purchases require written authorization prior to the initiation of the purchased service. Authorizations are issued on or before the beginning date of service. If services are provided without an approved authorization, the Division reserves the right to deny the vendor's invoice. The method of procurement is determined in partnership with the customer; however the Division prefers that an authorization for purchase be used over other methods, with an invoice from the vendor documenting the service provision. The Division will pay for pre-employment transition services and other services that contribute to the determination of eligibility or that are necessary to achieve an employment outcome. (4-6-23)
Idaho Administrative Code › Title IDAPA 47 - Vocational Rehabilitation, Division of › Rule 47.01.01 - RULES GOVERNING VOCATIONAL REHABILITATION SERVICES › Section 47.01.01.401 - PURCHASING STANDARDS

Current through August 31, 2023
The Division pays usual, customary, and reasonable charges for services. The Division has established hierarchical levels of purchasing authority to balance process efficiency with the Division's internal controls. The majority of service negotiation is at the counselor level. When necessary, varying levels of exceptions to purchasing authority are available by appropriate management staff. Decisions on case expenditures are determined on an individualized basis. The customer may choose their preferred vendor, however, if the cost of a service exceeds a control threshold, the customer will be responsible for the excess amount, absent an exception. Services that will meet the customer's need at the least cost to the Division will be the service cost considered for planning purposes. Services available in the State of Idaho are preferred over more costly out-of-state options, where applicable. (4-6-23)
Idaho Administrative Code › Title IDAPA 47 - Vocational Rehabilitation, Division of › Rule 47.01.01 - RULES GOVERNING VOCATIONAL REHABILITATION SERVICES › Section 47.01.01.402 - PROVISION OF COMMUNITY REHABILITATION PROGRAM SERVICES

Current through August 31, 2023
The Division will purchase vocational services from the community rehabilitation programs that are accredited by the Commission on Accreditation of Rehabilitation Facilities, the Rehabilitation Services Accreditation System or from individuals who have employment related certificates from the Association of Community Rehabilitation Educators or who are Certified Employment Support Professional. (4-6-23)
Idaho Administrative Code › Title IDAPA 48 - Grape Growers and Wine Producers Commission, Idaho Wine Commission › Rule 48.01.01 - RULES OF THE IDAHO GRAPE GROWERS AND WINE PRODUCERS COMMISSION › Section 48.01.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
This chapter is adopted in accordance with Section  54-3605(15), Idaho Code. (3-23-22)
Idaho Administrative Code › Title IDAPA 48 - Grape Growers and Wine Producers Commission, Idaho Wine Commission › Rule 48.01.01 - RULES OF THE IDAHO GRAPE GROWERS AND WINE PRODUCERS COMMISSION › Section 48.01.01.001 - SCOPE

Current through August 31, 2023
These rules include, but are not limited to, levy of taxes and penalties as provided by Section  54-3610, Idaho Code. (3-23-22)
Idaho Administrative Code › Title IDAPA 48 - Grape Growers and Wine Producers Commission, Idaho Wine Commission › Rule 48.01.01 - RULES OF THE IDAHO GRAPE GROWERS AND WINE PRODUCERS COMMISSION › Section 48.01.01.002 - DEFINITIONS

Current through August 31, 2023
The definitions set forth in Title 54, Chapter 36, Idaho Code, apply to this chapter. (3-23-22)
Idaho Administrative Code › Title IDAPA 48 - Grape Growers and Wine Producers Commission, Idaho Wine Commission › Rule 48.01.01 - RULES OF THE IDAHO GRAPE GROWERS AND WINE PRODUCERS COMMISSION › Section 48.01.01.020 - TAX AND LATE PAYMENT PENALTY

Current through August 31, 2023
01.
Levy and Rate of Tax
. In accordance with Section  54-3610, Idaho Code, a tax is levied and imposed on wineries, grapes grown, used, or purchased, and grape juice purchased for the production of wine in Idaho. The rate of each tax is: (3-23-22)
a. Seven dollars ($7) per ton of grapes purchased by producers in Idaho during the previous calendar year for the production of wine in Idaho. (3-23-22)
b. Seven dollars ($7) per ton of grapes harvested by growers in Idaho during the previous calendar year for the purpose of the production of wine in Idaho. (3-23-22)
c. Seven dollars ($7) per ton of grapes purchased by producers outside Idaho during the previous calendar year for the purpose of the production of wine in Idaho. (3-23-22)
d. Four cents ($.04) per gallons of grape juice purchased by producers outside Idaho during the previous calendar year for the purpose of the production of wine in Idaho. (3-23-22)
Idaho Administrative Code › Title IDAPA 50 - Pardons and Parole, Commission of › Rule 50.01.01 - RULES OF THE COMMISSION OF PARDONS AND PAROLE › Section 50.01.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
This chapter is adopted in accordance with Section
				20-1004, Idaho Code, which
				provides that the Commission has the power to establish rules in compliance
				with Title 67, Chapter 52, Idaho Code. (3-23-22)
Idaho Administrative Code › Title IDAPA 50 - Pardons and Parole, Commission of › Rule 50.01.01 - RULES OF THE COMMISSION OF PARDONS AND PAROLE › Section 50.01.01.001 - SCOPE

Current through August 31, 2023
The rules govern parole, pardons, firearm rights restoration,
				remission of fines, and commutations for the state of Idaho; and other matters
				within the authority of the Commission. (3-23-22)
Idaho Administrative Code › Title IDAPA 50 - Pardons and Parole, Commission of › Rule 50.01.01 - RULES OF THE COMMISSION OF PARDONS AND PAROLE › Section 50.01.01.100 - GENERAL PROVISIONS

Current through August 31, 2023
The rules contained herein govern practice and procedure of the
				Idaho Commission of Pardons and Parole, hereafter referred to as the
				Commission. The Commission reserves the right to deviate from established rules
				whenever special circumstances warrant, and to act, at its discretion, in
				circumstances not specifically outlined but within confines established by the
				constitution and Idaho Code. (3-23-22)
Idaho Administrative Code › Title IDAPA 50 - Pardons and Parole, Commission of › Rule 50.01.01 - RULES OF THE COMMISSION OF PARDONS AND PAROLE › Section 50.01.01.101 - HEARINGS

Current through August 31, 2023
01.
Conduct of Hearings
. All
			 hearings of the Commission will be conducted in accordance with the open
			 meeting law as provided in Chapter 2, Title 74, Idaho Code, and as modified by
			 Section 20-1003, Idaho Code. Each
			 Commissioner will have an opportunity to ask questions or provide comments, or
			 both. The Executive Director or Commission staff may provide information during
			 the hearing or ask questions. (3-23-22)
02.
Deliberations
. Receipt and
			 exchange of information or opinion relating to a decision concerning the
			 granting, revoking, reinstating, or denial of parole, or related decisions, to
			 include commutations, pardons, and restoration of firearm rights. Deliberations
			 will be made in executive session. Votes of individual members will not be made
			 public. (3-23-22)
Idaho Administrative Code › Title IDAPA 50 - Pardons and Parole, Commission of › Rule 50.01.01 - RULES OF THE COMMISSION OF PARDONS AND PAROLE › Section 50.01.01.102 - HEARING SESSIONS

Current through August 31, 2023
The Executive Director or designee will schedule hearing
				sessions according to the number of hearings required for the specific month.
				(3-23-22)
Idaho Administrative Code › Title IDAPA 50 - Pardons and Parole, Commission of › Rule 50.01.01 - RULES OF THE COMMISSION OF PARDONS AND PAROLE › Section 50.01.01.103 - BUSINESS MEETINGS

Current through August 31, 2023
The Commission schedules a business meeting at least quarterly
				or at the call of the Executive Director and notice of such meetings must
				comply with the open meeting law requirements. Such meeting may be cancelled at
				the vote of a majority of the Commission or by the Executive Director if the
				scheduled business cannot be conducted. (3-23-22)
Idaho Administrative Code › Title IDAPA 50 - Pardons and Parole, Commission of › Rule 50.01.01 - RULES OF THE COMMISSION OF PARDONS AND PAROLE › Section 50.01.01.104 - RECORD OF HEARINGS AND BUSINESS MEETINGS

Current through August 31, 2023
01.
Minutes of Hearings and Case Reviews
. (3-23-22)
a. Summary minutes of individual hearings and
			 case reviews shall be maintained by the Commission office. (3-23-22)
b. Audio recordings of open hearings may be
			 made and may be maintained by the Commission. The recordings will be subject to
			 disclosure pursuant to the Idaho Public Records Act, Title 74, Chapter l, Idaho
			 Code. Executive sessions will not be recorded. (3-23-22)
Idaho Administrative Code › Title IDAPA 50 - Pardons and Parole, Commission of › Rule 50.01.01 - RULES OF THE COMMISSION OF PARDONS AND PAROLE › Section 50.01.01.105 - PREVIOUS DECISIONS

Current through August 31, 2023
The Commission reserves the right to review or reconsider any
				previous decision for any reason and to take whatever action is agreed upon.
				The Executive Director may bring forward any case determined to need review
				before the next hearing session. (3-23-22)
Idaho Administrative Code › Title IDAPA 50 - Pardons and Parole, Commission of › Rule 50.01.01 - RULES OF THE COMMISSION OF PARDONS AND PAROLE › Section 50.01.01.107 - APA APPLICABILITY

Current through August 31, 2023
The Commission has the authority to establish rules under
				Chapter 52, Title 67, Idaho Code (Administrative Procedures Act). No other
				provision or requirement of the Administrative Procedures Act applies to the
				Commission. (3-23-22)
Idaho Administrative Code › Title IDAPA 50 - Pardons and Parole, Commission of › Rule 50.01.01 - RULES OF THE COMMISSION OF PARDONS AND PAROLE › Section 50.01.01.108 - RIGHTS, POWERS, AND AUTHORITY OF THE COMMISSION

Current through August 31, 2023
01.
Decision to Release to
			 Parole
. The Commission has the authority to decide whether or not any
			 offender eligible for parole may be released to parole. (3-23-22)
02.
Advisory Commission to Board of
			 Correction
. The Commission may act as the advisory Commission to the
			 board of correction. The Commission has any and all authority necessary to
			 fulfill the duties and responsibilities and other duties imposed upon it by law
			 under Section
			 20-201(2), Idaho
			 Code, and other applicable provisions of Idaho law. (3-23-22)
Idaho Administrative Code › Title IDAPA 50 - Pardons and Parole, Commission of › Rule 50.01.01 - RULES OF THE COMMISSION OF PARDONS AND PAROLE › Section 50.01.01.150 - COMMISSION AND STAFF

Current through August 31, 2023
01.
Commission Members
. The Commission is composed of seven (7) members.
			 (3-23-22)
02.
Commission
			 Staff
. (3-23-22)
a. The Commission has
			 delegated to the Executive Director the authority to approve recommended
			 conditions of parole following the hearing process, allow for emergency
			 suspension of a condition at the request of the Department of Correction,
			 review Disciplinary Offense Reports and take action by executive decision,
			 issue Commission warrants, issue parole release documents, and all other
			 official documents pertaining, but not limited to paroles, commutations,
			 pardons, firearms rights restoration, and remissions of fines.
			 (3-23-22)
b. The Executive Director
			 assumes all authority and duties as may be delegated by the Commission and the
			 governor. (3-23-22)
Idaho Administrative Code › Title IDAPA 50 - Pardons and Parole, Commission of › Rule 50.01.01 - RULES OF THE COMMISSION OF PARDONS AND PAROLE › Section 50.01.01.200 - HEARING PROCESS

Current through August 31, 2023
01.
Information for Scheduled Commission Hearings
. (3-23-22)
a. A schedule of Commission hearings will be
			 prepared prior to a hearing session and may be updated as necessary at any
			 time. The hearing schedule will be available five (5) business days prior to a
			 hearing session. The hearing schedule may be revised due to offender movement
			 between institutions or other circumstances and may not be published earlier. A
			 person may obtain the offender's hearing date by contacting the Commission
			 office or on the commission website at www.parole.idaho.gov.
			 (3-23-22)
b. The hearing schedule
			 will reflect the date, location and starting time of each hearing session and a
			 list of offenders scheduled for hearings and will be published on the
			 Commission website. (3-23-22)
Idaho Administrative Code › Title IDAPA 50 - Pardons and Parole, Commission of › Rule 50.01.01 - RULES OF THE COMMISSION OF PARDONS AND PAROLE › Section 50.01.01.250 - PAROLE

Current through August 31, 2023
01.
Parole Consideration
.
			 (3-23-22)
a. The Commission may release an
			 offender to parole on or after the date of parole eligibility, or not at all.
			 (3-23-22)
b. Parole consideration
			 is determined by the individual merits of each case. (3-23-22)
c. Parole decisions will consider factors to
			 include, but not limited to: (3-23-22)
i.
			 Seriousness of and aggravating factors involved in the crime.
			 (3-23-22)
ii. Mitigating factors
			 involved in the crime or related to the offender's circumstances.
			 (3-23-22)
iii. Prior criminal
			 history of the offender. (3-23-22)
iv. Failure or success of past probation and
			 parole. (3-23-22)
v. Institutional
			 history to include overall behavior, involvement in programs, jobs, custody
			 level at time of the hearing, and disciplinary and corrective action.
			 (3-23-22)
vi. Evidence of the
			 development of a positive social attitude and the willingness to fulfill the
			 obligations of a good citizen. (3-23-22)
vii. Information or reports regarding
			 physical or psychological condition. (3-23-22)
viii. The strength and stability of the
			 proposed parole plan, including adequate home placement and employment.
			 (3-23-22)
ix. Outcome of a
			 validated risk and needs assessment. (3-23-22)
Idaho Administrative Code › Title IDAPA 50 - Pardons and Parole, Commission of › Rule 50.01.01 - RULES OF THE COMMISSION OF PARDONS AND PAROLE › Section 50.01.01.300 - VICTIMS

Current through August 31, 2023
01.
Notice of Victim Rights
. The
			 Commission will advise victims of their constitutional and statutory rights at
			 Parole Commission proceedings. The Commission will exercise all due diligence
			 to notify victims of their rights. (3-23-22)
02.
Testimony
. The victim is
			 invited to attend all hearings, except executive sessions, pertinent to the
			 case and to provide testimony. Testimony may be provided verbally in the
			 hearing or in writing prior to the hearing. (3-23-22)
Idaho Administrative Code › Title IDAPA 50 - Pardons and Parole, Commission of › Rule 50.01.01 - RULES OF THE COMMISSION OF PARDONS AND PAROLE › Section 50.01.01.350 - PAROLE PLAN AND RELEASE PROCEDURES

Current through August 31, 2023
01.
Parole
			 Plan
. (3-23-22)
a. The proposed parole
			 plan should be available at the parole hearing interview and parole
			 consideration hearing and should include a stable residence, employment or
			 maintenance and care plan, as well as treatment for alcohol or drug problems,
			 mental health problems, sex offender treatment, after care treatment, or any
			 other treatment deemed necessary. The plan will be developed to manage and
			 mitigate offender risk and will address the offender's needs.
			 (3-23-22)
b. Educational programs
			 may be considered, but the offender must demonstrate how normal living,
			 treatment, and transportation expenses, etc., will be paid for.
			 (3-23-22)
c. All parole plans will
			 be investigated by the supervising authority in the area in which the
			 prospective parolee plans to reside. (3-23-22)
Idaho Administrative Code › Title IDAPA 50 - Pardons and Parole, Commission of › Rule 50.01.01 - RULES OF THE COMMISSION OF PARDONS AND PAROLE › Section 50.01.01.400 - PAROLE DISPOSITION PROCESS

Current through August 31, 2023
01.
Initiated
. The parole disposition process is initiated by a written or
			 verbal report describing the conditions of parole that are alleged to have been
			 violated. (3-23-22)
02.
Warrants
. (3-23-22)
a. A supervising
			 authority may issue an agent's warrant to authorize local law enforcement to
			 transport the parolee to the appropriate jurisdiction to be housed pending an
			 appearance before the Commission, pursuant to Section
			 20-227, Idaho Code.
			 (3-23-22)
b. After receipt of a
			 report of violation, a Commission warrant may be issued by the Executive
			 Director or by a member or members of the Commission. There is no bond on this
			 warrant and issuance of this warrant suspends the offender's parole until a
			 determination has been made on the merits of the case. The time that a parolee
			 is considered to be a fugitive from justice will not be counted towards the
			 time on parole or as part of the sentence. (3-23-22)
i. Following arrest on a Commission warrant,
			 the Executive Director or the Commission will decide if the parolee will be
			 released to continue parole. (3-23-22)
ii. If the location of the offender is
			 unknown, the warrant will be entered into National Crime Information Center or
			 other law enforcement database and will designate from which states the
			 Commission will extradite the offender once arrested. At any time the Executive
			 Director or designee may change the area of extradition. (3-23-22)
iii. If an offender is being held in custody
			 on new charges in a state outside of Idaho, the warrant may be placed as a
			 detainer only, and written notice of this action will be submitted to the
			 holding facility. The time limits prescribed by law for service of the factual
			 allegations of the violation of the conditions of parole will begin on the date
			 the holding facility notifies the Commission either the warrant has been served
			 or is notified the offender is available for return to Idaho, whichever is
			 earlier. (3-23-22)
iv. If the
			 offender is arrested in a state other than Idaho and refuses extradition to
			 Idaho, it may be necessary to request a governor's warrant.
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 50 - Pardons and Parole, Commission of › Rule 50.01.01 - RULES OF THE COMMISSION OF PARDONS AND PAROLE › Section 50.01.01.450 - COMMUTATIONS

Current through August 31, 2023
A Commutation may be considered for a person convicted of any
				misdemeanor or felony crime to modify a sentence imposed by the sentencing
				jurisdiction. (3-23-22)
01.
Petition
. A petition must be submitted to initiate the process. Only
			 forms approved by the Commission will be accepted and must be completed
			 correctly per the instructions on the form. (3-23-22)
a. The petition must contain the reason a
			 modification of sentence is requested and the precise modification which is
			 requested, such as the following. (3-23-22)
i.
			 Change a consecutive sentence to concurrent. (3-23-22)
ii. Reduce the maximum length of sentence.
			 (3-23-22)
iii. Reduce the minimum
			 fixed term of a sentence. (3-23-22)
iv. Change a fixed sentence to indeterminate.
			 (3-23-22)
v. Change a sentence in
			 any other manner not described. (3-23-22)
Idaho Administrative Code › Title IDAPA 50 - Pardons and Parole, Commission of › Rule 50.01.01 - RULES OF THE COMMISSION OF PARDONS AND PAROLE › Section 50.01.01.500 - SELF-INITIATED PAROLE RECONSIDERATION

Current through August 31, 2023
01.
Petition
. An incarcerated offender making a request for reconsideration
			 of parole denial must initiate the process by submitting an application.
			 (3-23-22)
a. The only acceptable form is the
			 one provided by the Commission, and it must be signed by the offender and
			 Department of Correction case manager. (3-23-22)
b. The petition must be typed and completed
			 correctly, per the instructions on the form, or it will not be considered.
			 (3-23-22)
c. The petition must
			 state the reason reconsideration is requested and the circumstances that have
			 changed since the last hearing. The offender must have had no disciplinary
			 issues in the year prior to submitted the petition. (3-23-22)
d. The Commission will consider one (1)
			 application from the offender who was denied parole one (1) year after the
			 initial decision. After the initial SIPR is heard, the Commission will consider
			 applications once per year from the date of the initial SIPR denial.
			 (3-23-22)
e. Petitions must be
			 received no later than the first day of the month prior to the next month's
			 hearing session. (3-23-22)
f.
			 Review or deliberation on the petition by the Commission will be conducted in
			 executive session. (3-23-22)
g. Any
			 petition may be continued for additional information or for further
			 consideration. (3-23-22)
h. The
			 petitioner will be notified of the decision. (3-23-22)
i. The petition is limited to four (4) pages;
			 the petition will not be considered if the petition exceeds this number.
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 50 - Pardons and Parole, Commission of › Rule 50.01.01 - RULES OF THE COMMISSION OF PARDONS AND PAROLE › Section 50.01.01.550 - PARDON

Current through August 31, 2023
A pardon may be considered for a person convicted of any
				misdemeanor or felony crime. A pardon does not expunge or remove the crime from
				the applicant's criminal history. (3-23-22)
01.
General
. An application for
			 a pardon may not be considered until a period of time has elapsed since the
			 applicant's discharge from custody as defined below. (3-23-22)
a. Applications for pardon for non-violent
			 and non-sex crimes may be submitted for consideration no sooner than five (5)
			 years after the satisfaction of the sentence on the crime for which they are
			 requesting a pardon. (3-23-22)
b.
			 Applications for pardon for violent or sex crimes or other crimes against a
			 person may be submitted for consideration no sooner than ten (10) years after
			 the satisfaction of the sentence on the crime for which they are requesting a
			 pardon. (3-23-22)
c. In addition to
			 the provisions of (a) and (b), applications for pardon for vehicular
			 manslaughter pursuant to Section
			 18-4006(3)(b),
			 Idaho Code or driving under the influence, including any violation of Sections
			 18-8004,
			 18-8004C,
			 18-8005 or
			 18-8006, Idaho Code, may be
			 submitted for consideration no sooner than fifteen (15) years after that date
			 which the applicant pled guilty to or was found guilty of such a crime.
			 (3-23-22)
d. A pardon application
			 will not be considered while an offender is incarcerated or on supervision.
			 (3-23-22)
e. The Commission will
			 determine whether a hearing will be granted and the applicant will be notified
			 of the decision in writing. (3-23-22)
Idaho Administrative Code › Title IDAPA 50 - Pardons and Parole, Commission of › Rule 50.01.01 - RULES OF THE COMMISSION OF PARDONS AND PAROLE › Section 50.01.01.600 - REMISSION OF FINE OR PENALTY PURSUANT TO SECTION 20-1004, IDAHO CODE

Current through August 31, 2023
01.
Request
. An application for
			 remission of fine or penalty must be made to the Commission. (3-23-22)
a. The application must be in writing.
			 (3-23-22)
b. The application must
			 outline the reasons action is requested to remit such fine or penalty.
			 (3-23-22)
c. The applicant must
			 submit a certified copy of the judgment or order assessing said fine or penalty
			 . (3-23-22)
Idaho Administrative Code › Title IDAPA 50 - Pardons and Parole, Commission of › Rule 50.01.01 - RULES OF THE COMMISSION OF PARDONS AND PAROLE › Section 50.01.01.800 - FOREIGN NATIONAL TREATY TRANSFER PURSUANT TO SECTION 20-1014, IDAHO CODE

Current through August 31, 2023
An offender may be transferred upon request to a country of
				which the offender is a citizen or national if a treaty is in effect between
				that country and the United States. (3-23-22)
01.
Governors Authorization
.
			 Subject to the terms of a treaty and on behalf of the state of Idaho, the
			 Governor has authorized the Commission to consent to transfers or exchanges of
			 offenders and take any other action necessary to initiate the participation of
			 the state in such treaty. (3-23-22)
02.
Request for Transfer
. An
			 offender may request a transfer to a foreign county when the offender meets the
			 requirements enumerated below. The Commission will receive the request and
			 relevant documents from the Department of Correction. The Commission may
			 request additional information from the offender, any victims, the Department,
			 or any other source the Commission deems appropriate. (3-23-22)
a. The offender must be a citizen or national
			 of the foreign country. (3-23-22)
b. The United States and the foreign country
			 must be parties to a treaty that provides for the transfer or exchange of
			 convicted offenders. (3-23-22)
c.
			 The offender must not be serving a life sentence. (3-23-22)
d. The offender cannot be less than two (2)
			 years from his parole eligibility date. (3-23-22)
e. The offender must meet the Department of
			 Justice's guidelines for international transfer applications.
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 51 - Beef Council, Idaho › Rule 51.01.01 - IDAHO BEEF COUNCIL RULES › Section 51.01.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
The Idaho Beef Council is authorized under Section  25-2906(9), Idaho Code, to adopt rules concerning the administration of the Beef Promotion Act. (3-15-22)
Idaho Administrative Code › Title IDAPA 51 - Beef Council, Idaho › Rule 51.01.01 - IDAHO BEEF COUNCIL RULES › Section 51.01.01.001 - SCOPE

Current through August 31, 2023
These rules provide for a coordinated federal and state program of beef promotion and research funded by a one dollar and fifty cents ($1.50) assessment on each head of cattle marketed in the state of Idaho. (3-15-22)
Idaho Administrative Code › Title IDAPA 51 - Beef Council, Idaho › Rule 51.01.01 - IDAHO BEEF COUNCIL RULES › Section 51.01.01.002 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
All contested cases are governed by the procedures set forth by the National Beef Promotion and Research Order,  7 CFR 1260, issued by the United States Department of Agriculture. All written communications and documents that are intended to be part of an official record for a decision in a contested case need to be filed with the Chief Executive Officer of the Idaho Beef Council. All such documents are considered filed when the original and one (1) copy of each document is received by the Chief Executive Officer of the Idaho Beef Council. (3-15-22)
Idaho Administrative Code › Title IDAPA 51 - Beef Council, Idaho › Rule 51.01.01 - IDAHO BEEF COUNCIL RULES › Section 51.01.01.003 - INCORPORATION BY REFERENCE

Current through August 31, 2023
The Idaho Beef Council operates under the rules and regulations of the National Beef Promotion and Research Order.  7 CFR 1260  (Federal Register July 18, 1986). (3-15-22)
Idaho Administrative Code › Title IDAPA 51 - Beef Council, Idaho › Rule 51.01.01 - IDAHO BEEF COUNCIL RULES › Section 51.01.01.100 - FUNDING

Current through August 31, 2023
01.
Assessments
. (3-15-22)
a. Each producer shall pay an assessment of one dollar and fifty cents ($ 1.50) per head of cattle at the time the cattle are sold. This assessment consists of: (3-15-22)
i. One dollar ($1) required by the National Beef Promotion and Research Order, and (3-15-22)
ii. Fifty cents ($.50) authorized by Section  25-2907(1), Idaho Code. (3-15-22)
Idaho Administrative Code › Title IDAPA 51 - Beef Council, Idaho › Rule 51.01.01 - IDAHO BEEF COUNCIL RULES › Section 51.01.01.200 - DISBURSEMENTS

Current through August 31, 2023
01.
Collection Fee, Brand Inspector
. The Idaho Beef Council will reimburse the State Brand Inspector for the reasonable and necessary expenses incurred in the collection of the assessment in an amount determined by the Beef Council and the State Brand Inspector, not to exceed five percent (5%) of gross collections. (3-15-22)
02.
National Beef Promotion and Research Board
. The Idaho Beef Council will forward fifty cents ($.50) credit per head of cattle assessed to the Cattlemen's Beef Promotion and Research Board. (3-15-22)
03.
Idaho Beef Council
. Assessment funds remaining after payment of collection fee and disbursement to the National Beef Promotion and Research Board will be retained by the Idaho Beef Council and used to fund its activities and operations. (3-15-22)
Idaho Administrative Code › Title IDAPA 52 - Lottery Commission, Idaho State › Rule 52.01.03 - RULES GOVERNING OPERATIONS OF THE IDAHO STATE LOTTERY › Subchapter A - INTRODUCTORY PROVISIONS AND DEFINITIONS › Section 52.01.03.000 - LEGAL AUTHORITY

Current through August 31, 2023
These rules are adopted under the general legal authority of
				  Title 67, Chapter 74, Idaho Code, and the specific legal authority of Sections
				  67-7401,
				  67-7404,
				  67-7406,
				  67-7408, and
				  67-7411, Idaho Code.
				  (3-25-22)
Idaho Administrative Code › Title IDAPA 52 - Lottery Commission, Idaho State › Rule 52.01.03 - RULES GOVERNING OPERATIONS OF THE IDAHO STATE LOTTERY › Subchapter A - INTRODUCTORY PROVISIONS AND DEFINITIONS › Section 52.01.03.001 - TITLE AND SCOPE

Current through August 31, 2023
The title of these rules is IDAPA 52.01.03, "Rules Governing
				  Operations of the Idaho State Lottery." The rules govern operations of the
				  Idaho State Lottery. The rules also set forth which bingo games and raffles are
				  legal in the state of Idaho and to bring all legal bingo games and raffles in
				  the state of Idaho under the control of the Lottery. (3-25-22)
Idaho Administrative Code › Title IDAPA 52 - Lottery Commission, Idaho State › Rule 52.01.03 - RULES GOVERNING OPERATIONS OF THE IDAHO STATE LOTTERY › Subchapter A - INTRODUCTORY PROVISIONS AND DEFINITIONS › Section 52.01.03.010 - DEFINITIONS

Current through August 31, 2023
As used throughout these rules these terms have the following
				  definitions: (3-25-22)
01.
Commission
. The Idaho State Lottery Commission established and appointed
				according to Sections
				67-7402,
				67-7404(2)  and
				67-7405, Idaho Code. See Section
				67-7702(4), Idaho
				Code. (3-25-22)
02.
Commissioner
. A member of the Idaho State Lottery Commission.
				(3-25-22)
03.
Director
. The Director of the State Lottery appointed and
				confirmed according to Section
				67-7407, Idaho Code.
				(3-25-22)
04.
Lottery
. The Idaho State Lottery created by Section
				67-7402, Idaho Code, and, as
				context requires, the Lottery Commission and the Lottery's officers and
				employees. (3-25-22)
05.
Person
. See definition in Section
				67-7702, Idaho Code.
				(3-25-22)
Idaho Administrative Code › Title IDAPA 52 - Lottery Commission, Idaho State › Rule 52.01.03 - RULES GOVERNING OPERATIONS OF THE IDAHO STATE LOTTERY › Subchapter B - OPERATIONS OF THE IDAHO STATE LOTTERY › Section 52.01.03.100 - DEFINITIONS

Current through August 31, 2023
These rules apply to Subchapter B only: (3-25-22)
01.
Administrative Costs
. See
				definition in Section
				67-7404, Idaho Code.
				(3-25-22)
02.
Benefit
.
				Any thing, property or money, favorable consideration or advantage, profit,
				privileges, gain or interest to which a person is not otherwise entitled.
				(3-25-22)
03.
Certificate
. The signed document issued by the Director authorizing a
				retailer to sell Lottery products. (3-25-22)
04.
Control Person
. A person in
				a position of authority that is primarily defined according to organizational
				type. The following are control persons: (3-25-22)
a. In a privately-owned corporation, the
				officers, directors, and stockholders of the parent company who own five
				percent (5%) or more of the company's stock and, if applicable, any of its
				subsidiaries. (3-25-22)
b. In a
				publicly-owned corporation, the officers and directors of the parent company
				and each of its subsidiaries. Additionally, stockholders who own five percent
				(5%) or more of the corporation's stock are control persons.
				(3-25-22)
c. In a trust, the
				trustee and all persons entitled to receive income or benefit from the trust.
				(3-25-22)
d. In an association, the
				members, officers, and directors. (3-25-22)
e. In a partnership or joint venture, the
				general partners, limited partners, or joint venturers. (3-25-22)
f. A member of the immediate family of any of
				who is a control person under Paragraphs 010.06.a. through 06.e. of this
				definition. (3-25-22)
g. A
				subcontractor of a vendor if the subcontractor performs more than half of the
				vendor's contract with the Lottery. (3-25-22)
Idaho Administrative Code › Title IDAPA 52 - Lottery Commission, Idaho State › Rule 52.01.03 - RULES GOVERNING OPERATIONS OF THE IDAHO STATE LOTTERY › Subchapter B - OPERATIONS OF THE IDAHO STATE LOTTERY › Section 52.01.03.101 - OPERATING PROVISIONS

Current through August 31, 2023
01.
Purpose
. These rules are established by the Commission to define and
				regulate the operation and administration of the Lottery and the Commission.
				(3-25-22)
02.
Lottery
				Commission
. The Commission is charged with the authority and duty to
				regulate Lottery activities in the state of Idaho, consistent with the Idaho
				Constitution and the enabling legislation. The headquarters of the Commission
				and of the Lottery is in Boise. (3-25-22)
03.
Powers and Duties of the
				Commission
. (3-25-22)
a. Rule
				Promulgation. The Commission promulgates rules and conditions under which the
				statewide Lottery will be conducted. Subjects covered in such rules include but
				need not be limited to: (3-25-22)
i. The types
				of Lottery games to be conducted; (3-25-22)
ii. The prices of tickets in the Lottery;
				(3-25-22)
iii. In general the
				numbers and sizes of prize disbursements, the manner and frequency of prize
				drawings, and the manner in which payment will be made to holders of winning
				tickets; (3-25-22)
iv. The
				locations at which Lottery tickets may be sold, the manner in which they are to
				be sold, and contracting with Lottery vendors, retailers and contractors;
				(3-25-22)
v. The manner in which
				Lottery sales revenues are to be collected; (3-25-22)
vi. The amount of compensation to be paid to
				retailers; (3-25-22)
vii. Other
				areas relating to the efficient and economical operation and administration of
				a statewide Lottery consonant with the public interest.
				(3-25-22)