reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.30 - BUSINESS ENTERPRISE PROGRAM › Section 15.02.30.000 - LEGAL AUTHORITY

Current through August 31, 2023
The Idaho Legislature has designated the Commission for the Blind and Visually Impaired as the sole licensing agency under the provisions of the Randolph-Sheppard vending stand act pursuant to Section  67-5411, Idaho Code, and has given to the Board of the Idaho Commission for the Blind and Visually Impaired the legislative power to promulgate rules by the provisions of Section  67-5407(e), Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.30 - BUSINESS ENTERPRISE PROGRAM › Section 15.02.30.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 15.02.30, "Business Enterprise Program." (3-31-22)
02.
Scope
. These rules specify the conditions and standards under which the Business Enterprise Program facilities are operated. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.30 - BUSINESS ENTERPRISE PROGRAM › Section 15.02.30.010 - DEFINITIONS

Current through August 31, 2023
Unless otherwise indicated in these rules, terms below are defined as follows: (3-31-22)
01.
Administrator
. The Administrator of the Commission. (3-31-22)
02.
Agreement
. An agreement between the Program and an operator for the operation of a vending facility as a primary location. (3-31-22)
03.
Benefits
. Retirement or pension plans, health insurance contributions, and paid sick and vacation leave available only to operators. (See  34 CFR 395.8.) (3-31-22)
04.
Blind Person
. A person who, after examination by a physician skilled in diseases of the eye or by an optometrist, whichever such person selects, has been determined to have the following (see  34 CFR 395.1(c)  ): (3-31-22)
a. Not more than twenty/two hundred (20/200) central visual acuity in the better eye with correcting lenses; or (3-31-22)
b. An equally disabling loss of the visual field as evidenced by a limitation to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than twenty (20) degrees. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.30 - BUSINESS ENTERPRISE PROGRAM › Section 15.02.30.011 - PURPOSE

Current through August 31, 2023
The purpose of the Program is to provide remunerative employment opportunities for blind individuals who have an interest in and aptitude for operating a facility, to demonstrate alternative techniques for coping with blindness, and to educate the public regarding the ability of blind individuals to independently operate businesses. The Supervisor is responsible for the administration of the Program and reports to the Administrator. The Program shall be coordinated with other vocational rehabilitation programs of the Commission. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.30 - BUSINESS ENTERPRISE PROGRAM › Section 15.02.30.030 - LICENSES

Current through August 31, 2023
01.
Issuance of Licenses
. Licenses shall be issued for an indefinite period of time and shall be issued only to persons who are determined by the Program to be: (3-31-22)
a. Blind, as defined in Subsection  010.04  of these rules; and (3-31-22)
b. Citizens of the United States; and (3-31-22)
c. Certified by the Program as qualified and trained to operate a facility. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.30 - BUSINESS ENTERPRISE PROGRAM › Section 15.02.30.040 - TERMINATION AND SUSPENSION OF LICENSES

Current through August 31, 2023
01.
Grounds for Termination
. Licenses are subject to termination after fifteen (15) days' notice if the Program finds: (3-31-22)
a. That the facility is not being operated in accordance with Commission rules, the terms and conditions governing the permit, or the terms and conditions of the agreement or contract (See Section  140  of these rules.); (3-31-22)
b. That the licensee no longer meets the definition of blind person as set out in Subsection  010.04  of these rules; (3-31-22)
c. That the licensee has received a medically documented diagnosis that will result in prolonged incapacity of the licensee and a continuing inability to operate a facility; (3-31-22)
d. That the licensee has withdrawn from the Program by submitting written notification to the Supervisor; (3-31-22)
e. That the licensee has made unauthorized use of retirement account funds; or (3-31-22)
f. That the licensee engages in conduct or allows a condition to exist for which the licensee has previously been placed on probation, or which has previously led to the suspension of the license. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.30 - BUSINESS ENTERPRISE PROGRAM › Section 15.02.30.050 - SELECTION OF OPERATORS

Current through August 31, 2023
01.
Notification of Opening
. The Supervisor shall notify all licensees and prospective operators, all commissioners and counselors of the Commission of all facility openings in writing. The notice of openings shall also be posted on the Commission web site. The notice shall state the facility location, the application procedure, and the deadline for application. The notice shall also solicit interest in operating the facility on a contract, in the event it is not awarded as a primary location. Interested parties will be provided specific information about the openings upon request. (3-31-22)
02.
Qualification of Bidders
. A bidder for a primary location shall be: (3-31-22)
a. Licensed by the Commission; (3-31-22)
b. Current with Program payments, including monthly set asides and any other monies due the Program; and (3-31-22)
c. In good standing and not have been placed on probation or had his license suspended within the last calendar year. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.30 - BUSINESS ENTERPRISE PROGRAM › Section 15.02.30.060 - ACCESS TO PROGRAM AND FINANCIAL INFORMATION

Current through August 31, 2023
Each licensee in the Program shall be provided access to all Program financial data relevant to the operation of the Program, including annual financial reports, provided that such disclosure does not violate applicable federal or state laws pertaining to the disclosure of confidential information. Insofar as practical, such data shall be made available in suitable alternative format. At the request of a licensee, qualified staff of the Program shall arrange a convenient time to assist in the interpretation of the financial data. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.30 - BUSINESS ENTERPRISE PROGRAM › Section 15.02.30.070 - EQUIPMENT, INITIAL STOCK AND BUSINESS EXPENSES

Current through August 31, 2023
01.
Program Responsibility
. The Program assumes full responsibility for providing each facility established under the Program with adequate equipment and initial stock of merchandise. (3-31-22)
02.
Initial Stock of Merchandise
. An initial stock of merchandise shall be provided by the Supervisor. The Supervisor shall determine the quantity of the initial stock, which shall be enough for at least one (1) full week of operation. The vendor shall account for the value of the initial stock when the operation is concluded. (3-31-22)
03.
Vending Machine Contracts
. The Program shall negotiate contracts with vending companies for installation or location of vending machines in or to be assigned to facilities. (3-31-22)
04.
Insurance
. All vendors shall be responsible for obtaining general liability, product liability, and worker's compensation insurance. Proof of insurance must be sent to the Supervisor prior to the start of operation and within ten (10) days of policy renewal date. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.30 - BUSINESS ENTERPRISE PROGRAM › Section 15.02.30.071 - MAINTENANCE AND REPLACEMENT OF EQUIPMENT

Current through August 31, 2023
The Program shall maintain or cause to be maintained all equipment in a safe and satisfactory working condition. Replacement in lieu of repair shall be a decision of the Supervisor. It is the vendor's responsibility to report any incident resulting in damage, breakage, theft, defacement, or malfunction of equipment or fixtures as soon as possible. Vendors are authorized to arrange for minor repairs or replacement of small equipment where the total cost does not exceed three hundred dollars ($300). Repair shall be deemed unauthorized when the repair or replacement is attributable to negligent actions by the vendor or when the equipment or fixtures are not the maintenance responsibility of the Program. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.30 - BUSINESS ENTERPRISE PROGRAM › Section 15.02.30.100 - SETTING ASIDE OF FUNDS

Current through August 31, 2023
01.
Set Aside
. The Commission may set aside, or cause to be set aside, from the net profit of the operation of facilities, funds for the purposes of maintenance and replacement and purchase of equipment. (3-31-22)
02.
Other Purposes Allowed by the Randolph-Sheppard Act
. The Commission reserves the right to use set aside funds for other purposes as permitted in accordance with the provisions of the Randolph-Sheppard Act and federal rules and regulations. (3-31-22)
03.
Approval by the United States Department of Education
. The funds set aside for those specified purposes shall not exceed the amount determined reasonable by the Rehabilitation Services Administration Commissioner, U.S. Department of Education. (3-31-22)
04.
Record of Expenditures
. The charge for each of the program purposes cited shall be determined on the basis of records of expenditures made for each of these purposes over a reasonable period of time with allowances for improving services, fluctuations in costs and program expansion. Adequate records shall be maintained to support the charges for each of the purposes cited. (3-31-22)
05.
Increases
. At no time shall the set aside charges be increased without prior consultation with the Committee. (3-31-22)
06.
Review of Schedule of Funds
. The schedule of funds to be set aside shall be reviewed periodically by the Supervisor and the Committee. After reviewing the accounting records and other criteria pertinent to the administration of the Program, it may be necessary to revise the set aside payment schedule. (3-31-22)
07.
Income with No Program Operator
. Vending machine income received from federal sites where there is no licensed Program operator shall be used for those purposes designated by the Committee in accordance with  34 CFR 395.8. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.30 - BUSINESS ENTERPRISE PROGRAM › Section 15.02.30.101 - DISTRIBUTION AND USE OF INCOME FROM VENDING MACHINES ON FEDERAL PROPERTY

Current through August 31, 2023
01.
Limitations
. No limitation shall be imposed on income from vending machines combined to create a facility when such facility is maintained, serviced or operated by a program vendor. (3-31-22)
02.
Vending Machine Income
. The Program shall manage vending machine income disbursed by a property managing department, agency or instrumentality of the United States in accordance with the requirements of  34 CFR 395.8. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.30 - BUSINESS ENTERPRISE PROGRAM › Section 15.02.30.120 - OPERATOR BENEFITS

Current through August 31, 2023
01.
Vending Machine Income
. The Program shall provide licensees with information regarding benefits. Upon a majority vote of licensees, the Program may retain vending machine income from federal property in accordance with  34 CFR 395.8(a). Such income may be used for the establishment and maintenance of retirement or pension plans, for health insurance contributions, and for the provision of paid sick leave and vacation time for operators. Distribution of benefit payments shall be determined by a majority vote of licensees and established as policy. (3-31-22)
02.
Eligibility
. Only operators of a primary location pursuant to an agreement shall be eligible to receive benefits. There shall be a ninety (90) day waiting period before a new operator is eligible to receive benefits. Benefit payments will not be interrupted when an operator transfers from one primary location to another. Benefits shall be paid only after the appropriate documentation is submitted to the Program. (3-31-22)
03.
Medical Insurance
. If a majority of licensees determines that operators shall be reimbursed for medical insurance premiums, operators shall be responsible for acquiring their own policies. The Program shall reimburse the operator in an amount determined by the vote of licensees. Operators shall provide documentation to the Program proving payment of their premiums, prior to any reimbursement. (3-31-22)
04.
Retirement and Pension Accounts
. If a majority vote of licensees determines that operators shall have retirement accounts, the Program shall deposit into approved retirement accounts an amount determined by a majority vote of licensees, up to the maximum federal allowance for IRAs per year. The funds shall be deposited on a monthly basis directly into each operator's retirement account. (3-31-22)
05.
Sick Leave and Vacation Funds
. If a majority vote of licensees determines that operators shall have sick or vacation leave funds, or both, the Program shall remit to each operator an amount determined by a majority vote of licensees. (3-31-22)
06.
Non-Fully Funded Benefits
. If funds are not available for full payment of benefits, as voted by the licensees, the Program may pro-rate the payments from available funds, unless another method of disbursement of non-fully funded benefits was voted by a majority of the licensees. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.30 - BUSINESS ENTERPRISE PROGRAM › Section 15.02.30.130 - AGREEMENTS/CONTRACTS

Current through August 31, 2023
Vendors shall enter into an agreement or a contract with the Program that specifies the rights and responsibilities of the operator and Program as they relate to the operation of a primary location and any satellites. The contract shall specify the rights and responsibilities of the licensee or qualified operator and Program as they relate to the operation of a contract facility. (3-31-22)
01.
Program Responsibilities
. The Program shall: (3-31-22)
a. Equip the facility for carrying out the business authorized by the permit; (3-31-22)
b. Furnish initial stocks of merchandise sufficient to enable the vendor to commence operating the business. The Program shall also furnish the vendor with an inventory list of all equipment and initial stock; (3-31-22)
c. Provide for the maintenance of the equipment and replace obsolete and worn out equipment as necessary; (3-31-22)
d. Provide, or provide for supervisory and management services as deemed appropriate by the Supervisor for efficient operation; (3-31-22)
e. Periodically audit, or cause to be audited, the vendor's records and financial data to verify the accuracy of the set aside report; and (3-31-22)
f. Provide information or make available data in suitable format at the vendor's request when possible. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.30 - BUSINESS ENTERPRISE PROGRAM › Section 15.02.30.140 - TERMINATION AND SUSPENSION OF AGREEMENTS/CONTRACTS

Current through August 31, 2023
01.
Grounds for Termination
. Agreements and contracts may be terminated if: (3-31-22)
a. The vendor is not operating the facility on a cash basis; (3-31-22)
b. The health and safety of the vendor, the employees, or the customers are jeopardized; (3-31-22)
c. The set aside report indicates the vendor did not show an average one thousand dollar ($1,000) net profit per month, after set aside payment, for the prior federal fiscal year; (3-31-22)
d. The vendor jeopardizes the state's investment in the facility by violating the terms of the permit, agreement or contract, or by placing the facility in danger of being closed; (3-31-22)
e. The business and premises of the facility are not covered by adequate insurance; (3-31-22)
f. The facility is not being operated in accordance with the agreement, contract, Commission rules, or with applicable federal, state, or local laws, rules, and regulations; (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.30 - BUSINESS ENTERPRISE PROGRAM › Section 15.02.30.150 - TRAINING PROGRAM

Current through August 31, 2023
01.
Certification
. Prior to certification, an applicant shall satisfactorily complete the training program established by the Program and any on-the-job training prescribed by the Supervisor. The training program shall have certain basic requirements but also be customized to meet the needs of each individual applicant. The training program shall include, but is not limited to: fundamentals of purchasing, inventory control, pricing, record keeping and other accounting systems; display and arrangement of merchandise and equipment; and public relations and promotion. (3-31-22)
02.
In-Service Training
. The Program shall provide each vendor with regular and systematic assistance and in-service training to: promote maximum returns to the vendor; maximum service to the clientele; maintenance of a clean and attractive place of business; utilization of sound business practices; and adherence to the Commission's rules, policies, and building management requirements. (3-31-22)
03.
Post-Employment Services
. Post-employment services may be provided to eligible vendors when necessary to assure that they maintain suitable employment within the agency's Business Enterprise Program. Eligibility for and provision of post-employment services shall be in accordance with IDAPA 15.02.02, "Vocational Rehabilitation Services." (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.30 - BUSINESS ENTERPRISE PROGRAM › Section 15.02.30.160 - IDAHO BLIND MERCHANT'S COMMITTEE

Current through August 31, 2023
01.
Committee Name
. The Program shall provide for a state committee of blind vendors per the Randolph-Sheppard Act (See  34 CFR 395.14.) The name of this committee is the Idaho Blind Merchants Committee (IBMC). (3-31-22)
02.
Purpose of Committee
. The purpose of the Committee is to: (3-31-22)
a. Actively participate with the Commission in major administrative decisions and policy and program development decisions affecting the overall administration of the Program; (3-31-22)
b. Receive and transmit to the Commission grievances at the request of vendors and serve as advocates for such vendors in connection with such grievances; (3-31-22)
c. Actively participate with the Commission in the development and administration of a system for the transfer and promotion of vendors; (3-31-22)
d. Actively participate with the Commission in the development of training and retraining programs for vendors; and (3-31-22)
e. Sponsor, with the assistance of the Commission, meetings and instructional conferences for vendors within the state. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.30 - BUSINESS ENTERPRISE PROGRAM › Section 15.02.30.170 - MEETINGS OF THE COMMITTEE

Current through August 31, 2023
01.
Annual Meetings
. The Committee shall hold at least one (1) regular meeting each calendar year. (3-31-22)
02.
Additional Meetings
. The Committee may provide for additional meetings in its bylaws. (3-31-22)
03.
Program Responsibilities
. The Program shall work with the Committee chair or designated representative to coordinate the regular meetings of the Committee. At regular meetings, the Program shall give financial and overview reports, review Program rules and policies; and receive Committee recommendations for changes to the Program rules or polices. (3-31-22)
04.
Expenses
. Allowable expenses of not more than two (2) regular meetings per calendar year may be paid out of Program monies. Allowable expenses include meeting rooms, lodging, per diem, and transportation. The transportation arrangements shall be determined by the Supervisor. Expenses for additional meetings of the Committee may be paid by the Program at the discretion of the Supervisor after consultation with the Administrator. (3-31-22)
05.
Future Meeting
. The date and time for the next regular meeting shall be set prior to adjournment. (3-31-22)
06.
Minutes
. Minutes shall be kept by the Committee and made available to the Supervisor. Minutes shall be sent to each operator and to the Supervisor within ninety (90) days after conclusion of the meeting. The Program shall pay all reasonable costs for this service. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.30 - BUSINESS ENTERPRISE PROGRAM › Section 15.02.30.180 - ADMINISTRATIVE REVIEW

Current through August 31, 2023
01.
Request for Review
. A vendor who is aggrieved by any action or failure to act arising from the operation or administration of the Program may ask for a review of the action by filing a written request with the Administrator. The written request for review, which may be filed by the vendor or a designated representative of the vendor, shall specify the matter to be reviewed and how the vendor has been aggrieved. (3-31-22)
02.
Response
. Upon receipt of a request for administrative review, the Administrator shall notify the Supervisor, who has fifteen (15) calendar days to file a written response to the request. A copy of the Supervisor's response shall be sent to the vendor or the vendor's designated representative. (3-31-22)
03.
Filing Objections, Replies, and Decisions
. Upon receipt of the response from the Supervisor, the vendor or the vendor's designated representative has fifteen (15) calendar days in which to file any objections or make reply, after which time the Administrator shall, in good faith, evaluate the materials submitted and issue a written decision within fifteen (15) calendar days. The vendor or the vendor's designated representative may request an evidentiary hearing in accordance with Subsection  190.01  of these rules if the decision issued by the Administrator fails to resolve the vendor's grievance(s). (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.30 - BUSINESS ENTERPRISE PROGRAM › Section 15.02.30.190 - FULL EVIDENTIARY HEARING

Current through August 31, 2023
01.
Request
. The Commission shall provide a vendor an opportunity for a full evidentiary hearing. The vendor or the vendor's designated representative may request a full evidentiary hearing following the receipt of an unfavorable decision issued by the Administrator pursuant to Subsection  180.03  of these rules. The written request shall be delivered to the Administrator, with a copy to the Committee chair, within fifteen (15) calendar days of the aggrieved party's receipt of the Administrator's decision. (3-31-22)
02.
Suspension
. If the conduct of the vendor places the facility or permit in jeopardy, the Supervisor may suspend or terminate the agreement or contract pending the decision of the full evidentiary hearing. (3-31-22)
03.
Time and Place of Hearing
. The evidentiary hearing shall be held in the Commission headquarters at a mutually convenient time. (3-31-22)
04.
Time Limit
. The hearing procedure shall be limited to ninety (90) calendar days, beginning on the date the request for hearing is filed by the vendor. The time limit may be extended due to illness of the vendor or delay in obtaining evidence because of circumstances beyond the control of the vendor or the Program. (3-31-22)
05.
Hearing Officer
. The Administrator shall appoint a hearing officer to conduct the evidentiary hearing and issue a report. (3-31-22)
06.
Hearing Notice
. A notice of the hearing date shall be provided to the vendor at least twenty-one (21) calendar days prior to the date set for the hearing. (3-31-22)
07.
Legal Counsel
. The vendor may arrange to have legal counsel or other representation. Such counsel shall be at the expense of the vendor. (3-31-22)
08.
Evidence
. The hearing officer shall make a reasonable effort to obtain the most credible evidence of fact in the case, and the rules of evidence do not apply. (3-31-22)
09.
Conduct of Hearing
. Each party shall be given an opportunity to present its case, examine and cross-examine witnesses, present argument, and rebut evidence. (3-31-22)
10.
Transcripts
. A transcript of the proceedings shall be made available to the parties upon request. The Program shall pay all transcript costs associated with the conduct of the hearing. (3-31-22)
11.
Report of Facts, Findings, Conclusion, and Recommended Decision
. (3-31-22)
a. The hearing officer shall submit a report to the Administrator within twenty-one (21) calendar days after the hearing. This report shall include: the issues and relevant facts adduced at the hearing; applicable provisions of law, rules, and Commission policy; findings of fact and conclusions of law with respect to issues; and the reasons and basis thereof. (3-31-22)
b. The report shall also set forth any action necessary to resolve the issue and a recommended decision. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.30 - BUSINESS ENTERPRISE PROGRAM › Section 15.02.30.200 - ARBITRATION

Current through August 31, 2023
If a Vendor is dissatisfied with a decision rendered after a full evidentiary hearing, the vendor may request that an arbitration panel be convened by filing a complaint with the Secretary of the U.S. Department of Education in accordance with  34 CFR 395.13. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.30 - BUSINESS ENTERPRISE PROGRAM › Section 15.02.30.210 - EXPLANATION TO VENDORS OF RIGHTS AND RESPONSIBILITIES

Current through August 31, 2023
The Program shall furnish to each vendor copies of documents relevant to the operation of the facility, including rules and procedures, a written description of the arrangements for providing services, the agreement and permit covering the operation of the facility, and shall provide explanation of these documents upon request by the vendor. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.02.30 - BUSINESS ENTERPRISE PROGRAM › Section 15.02.30.220 - DISCRIMINATION

Current through August 31, 2023
The Program shall not discriminate against any applicant, licensee or vendor on the basis of gender, race, age, creed, color, religion, physical or mental handicap, sexual orientation, or national origin. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.03.01 - RULES OF ADMINISTRATIVE PROCEDURE OF THE IDAHO FOREST PRODUCTS COMMISSION › Section 15.03.01.001 - TITLE AND SCOPE

Current through August 31, 2023
The title of this chapter is "Rules of Administrative Procedure of the Idaho Forest Products Commission," and cited as IDAPA 15.03.01. These rules set forth the practices and procedures for the activities of the Idaho Forest Products Commission. (3-18-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.03.01 - RULES OF ADMINISTRATIVE PROCEDURE OF THE IDAHO FOREST PRODUCTS COMMISSION › Section 15.03.01.004 - DEFINITIONS

Current through August 31, 2023
In addition to the definitions set forth in Section  38-1502, Idaho Code, as used in this chapter: (3-18-22)
01.
Assessment
. The fee authorized by Section  38-1515, Idaho Code, which is levied against financial supporters for their individual share of the Commission budget for the assessment year. The assessment will be based upon data compiled from the base year. (3-18-22)
02.
Person
. An individual, partnership, association, corporation or other entity qualified to do business in the state of Idaho. (3-18-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.03.01 - RULES OF ADMINISTRATIVE PROCEDURE OF THE IDAHO FOREST PRODUCTS COMMISSION › Section 15.03.01.100 - NOMINATIONS, VACANCIES AND TERMS

Current through August 31, 2023
01.
Chair and Vice-Chair
. The Commission nominates and elects, by majority vote, a Chair to serve as presiding officer at all Commission meetings. The Commission may also nominate and elect, by majority vote, a Vice-Chair to accept the duties of the Chair in the event that the Chair is unable to attend a meeting of the Commission. The term of the office of Chair and Vice-Chair is one (1) year, commencing July 30 of each year. (3-18-22)
02.
Nominations
. Nominations for expiring seats on the Commission will be made by the financial supporters of the Commission from the district in which the seat is expiring, or from all districts in the case of an at-large member, no later than June 1 of that year. The Commission will provide nomination applications to all financial supporters and will forward the names of all qualified nominees to the Governor. The Commission may also make recommendations or nominations. In making the appointments, the Governor will take into consideration recommendations made to him by the Commission and by organizations that represent or are engaged in harvesting, transporting or manufacturing forest products. (3-18-22)
03.
Vacancies
. Vacancies in any unexpired term will be filled by the Governor for the remainder of the unexpired term. The Commission will identify qualified candidates and forward their names to the Governor. The member appointed to fill the vacancy will represent the same region and interests as the person whose seat has become vacant. The at-large member will represent all regions. (3-18-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.03.01 - RULES OF ADMINISTRATIVE PROCEDURE OF THE IDAHO FOREST PRODUCTS COMMISSION › Section 15.03.01.200 - ASSESSMENTS AND FEES

Current through August 31, 2023
An assessment for all logs harvested, measured or processed within the state of Idaho and for all employees, including self employed, engaged in the harvest or transport of timber, logs, unfinished lumber, chips, sawdust, shavings or hog fuel in Idaho, and for each acre of forest land owned by a business entity or person that owns more than ten thousand (10,000) acres of forest land will be set by the Commission no later than January 1 of the assessment year. Notice of the assessment will be mailed no later than the last day of the fourth week of May of the assessment year to the last known address of each financial supporter. Assessment will not be reduced for financial supporters who cease business during an assessment year. (3-18-22)
01.
Payment Method.
Financial supporters of the Commission may choose to pay their assessment in either one (1) full payment due thirty (30) days after the date the notice of assessment is mailed, or in four (4) equal payments with payment in full made by December 31 of the assessment year. (3-18-22)
02.
Assessments Levied
. Assessments on logs processed into various manufactured products will be levied against the forest products manufacturer that initiates the manufacturing process. (3-18-22)
03.
Insufficient Funds Checks.
The Commission will establish a policy and schedule for insufficient funds checks that will be reviewed annually. This policy and schedule will be available to the public under the procedures set forth by the Public Records Act, Title 74, Chapter 1, Idaho Code. (3-18-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.03.01 - RULES OF ADMINISTRATIVE PROCEDURE OF THE IDAHO FOREST PRODUCTS COMMISSION › Section 15.03.01.300 - LATE PAYMENTS AND PENALTIES

Current through August 31, 2023
Whenever payment in full or a quarterly payment is not received within thirty (30) days of the posting date of an assessment invoice, the payment will be considered delinquent. Interest of one percent (1%) per calendar month on the balance due will be levied against all delinquent accounts, commencing thirty-one (31) calendar days after the posting date of the assessment invoice. The Commission may proceed with legal action against delinquent accounts in Fourth Judicial District Court or under the provisions of the Administrative Procedure Act, Title 67, Chapter 52, Idaho Code, and seek attorney fees and costs in such proceedings. (3-18-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
The rules of the Division of Human Resources and Idaho Personnel Commission are adopted pursuant to Section  67-5309, Idaho Code. The Division has authority to determine the policies of the Idaho Personnel System and make such rules as are necessary for the administration of the Personnel System. The administrator of the Division is appointed by the Governor, subject to confirmation by the Senate, and serves at the pleasure of the Governor pursuant to Section  67-5308(2), Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.006 - WAIVER OF RULES

Current through August 31, 2023
The administrator reserves the right to waive any rule in specific instances when, in his/her opinion, such waivers are legal, warranted and justified in the interests of a more effective and responsive system of personnel administration. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.009 - DUTIES OF THE ADMINISTRATOR

Current through August 31, 2023
In addition to other duties as assigned by law, the administrator provides administrative support to the Idaho Personnel Commission, has custody of the books and records of the Division and the Commission, and maintains a record of the proceedings before the Commission and its hearing officers. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.020 - BASIC MERIT REQUIREMENTS OF THE PERSONNEL SYSTEM

Current through August 31, 2023
All appointments, promotions and separations in the classified service shall be based on competence, valid job requirements, and individual performance. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.021 - DISCRIMINATION PROHIBITED

Current through August 31, 2023
No person shall be discriminated against in regards to appointments, promotions, demotions, separations, transfers, compensation, or other terms, conditions, or privileges of employment because of race, national origin, color, sex, age, religion, disability, or veteran status (unless under other than honorable conditions). (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.022 - PROHIBITED QUESTIONS

Current through August 31, 2023
All questions on applications and examinations shall be based on valid job requirements. Questions that impermissibly discriminate on the basis of race, national origin, color, sex, age, religion, disability, political affiliation, or veteran status are prohibited. Questions regarding veteran status for compliance with veterans' preference are permitted. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.023 - BONA FIDE OCCUPATIONAL QUALIFICATION

Current through August 31, 2023
Qualification requirements based on age or gender may be established as necessary for specific positions by the Administrator of the Division. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.024 - CONFLICT OF INTEREST AND PERSONAL CONDUCT

Current through August 31, 2023
The maintenance of a high standard of honesty, ethics, impartiality, and conduct by state employees is essential to ensure proper performance of state business and strengthen the faith and confidence of the people of Idaho in the integrity of state government and state employees. All appointing authorities shall establish such policies and standards necessary to prevent conflicts of interest. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.025 - NEPOTISM

Current through August 31, 2023
No employee shall work under the immediate supervision of a supervisor who is a spouse, child, parent, brother, sister or the same relation by marriage. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.026 - DUAL EMPLOYMENT

Current through August 31, 2023
There will be no conflicting hours of work when a classified employee is employed by more than one (1) state agency. The employee must obtain approval from all appointing authorities concerned prior to beginning dual employment. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.050 - CONSULTANTS AND PERSONS EMPLOYED UNDER INDEPENDENT CONTRACT

Current through August 31, 2023
Nothing in these rules prohibits the use of independent contractors or consultants for legal, medical, technical, or other professional services, provided that they are not engaged in the performance of administrative duties for any state agency. No position in the state classified service will be filled by a consultant or independent contractor. (3-31-22)
01.
Limited Use Only
. Individuals employed through contracts with temporary services or professional staffing agencies will be utilized only for short-term situations. (3-31-22)
02.
Conflict of Interest/Nepotism
. Agency policies regarding conflict of interest/nepotism should address the award of work to consultants and contractors. (See Rules  024  and  025  and Ref. Section  18-1359, Idaho Code. (3-31-22)
03.
Not to Be Treated as Employees
. Independent contractors, their staff or consultants must not be treated as employees. Appointing authorities must comply with current Internal Revenue Service guidance on independent contractor and employee definitions. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.060 - ADOPTION OF CLASSIFICATION SCHEDULE

Current through August 31, 2023
The Division will develop, adopt, and make effective a classification schedule consisting of classification specifications allocated to various pay grades in the compensation schedule for all positions based on an analysis of the duties and responsibilities of representative positions. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.061 - ANALYSIS OF CLASSIFICATIONS

Current through August 31, 2023
The Division will assist appointing authorities in the analysis of positions in determining proper classification and, at the determination of the administrator, will conduct independent classification reviews of the various agencies. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.064 - AMENDMENT OF CLASSIFICATION SCHEDULE

Current through August 31, 2023
01.
Changes To Classifications
. Whenever it is necessary to establish or delete a classified position or to revise a position's responsibilities, the appointing authority will submit proposed changes to the administrator. (3-31-22)
02.
Approval
. Each appointing authority, prior to establishing any new position within the agency, will obtain the approval of the administrator for the classification of such positions and their assignment to a pay grade in the compensation schedule. Approval by the administrator of the Division of Financial Management for sufficiency of funds is also required. (3-31-22)
03.
Assignment to Pay Grade Required
. No person will be appointed to, employed in, or paid for services in any classified position until the position has been established, classified, and assigned to a pay grade in accordance with these rules. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.065 - APPROVAL OF NEW, REVISED AND DELETED CLASSIFICATIONS

Current through August 31, 2023
01.
New and Refactored Classifications
. New classifications of work and revised classifications require approval by both the administrator and the Division of Financial Management administrator when there is a fiscal impact. (3-31-22)
02.
Revised and Deleted Classifications
. Revised classifications with no fiscal impact and classifications deleted from the classification schedule require approval only of the administrator. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.066 - ABOLISHMENT OF POSITIONS

Current through August 31, 2023
An appointing authority may abolish a position for reasons of administrative efficiency. Employees to be separated as a result shall have layoff and reemployment preference in accordance with Rules  140  through  147. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.067 - RECLASSIFICATION OF POSITIONS

Current through August 31, 2023
01.
Procedure
. Positions may be reclassified in the same pay grade, upward, or downward as determined by an analysis by the Division of the duties and responsibilities assigned by appointing authorities to specific positions. An incumbent occupying a reclassified position shall be properly classified by an appointing authority within thirty (30) calendar days of being notified by the administrator that the duties and responsibilities assigned to the position are not properly classified. (3-31-22)
02.
Effective Date
. Reclassifications of positions are not effective until they are approved by the administrator, but may be retroactive to the beginning of the pay period during which approval is granted. Reclassification of an employee may not precede the effective date of the reclassification of the position. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.068 - VIOLATIONS

Current through August 31, 2023
Accurate position classification is the foundation for providing equal pay for equal work, identification of actual work performed, fair employment and equal opportunity for promotions, and equitable compensation. Upon the administrator's determination that classification rules have been violated, the appointing authority will be informed and provided thirty (30) days to take actions necessary to correct the situation or submit a corrective action plan to the administrator. If these actions do not occur, the administrator will inform the employee, the appointing authority, and the state controller that the employee is being compensated in violation of these rules. (Ref. Sections  67-5308  and  67-5312, Idaho Code) (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.070 - COMPENSATION OF EMPLOYEES

Current through August 31, 2023
01.
Assignment to Pay Grade
. As a basis for pay equity, the Division will use a combination of point factoring and market data to determine the relative value of each classification. (Ref. Rule  074.01  and Section  67-5309B, Idaho Code) (3-31-22)
02.
Factoring
. The Division will use the Hay method to determine the relative value of each classification, and as a basis for internal pay equity. (Ref. Section  67-5309B, Idaho Code) (3-31-22)
03.
Salary Surveys
. The Division will conduct or approve salary surveys, to determine salary ranges that represent labor market average rates for Hay point factored positions in classified service. (3-31-22)
04.
Relevant Labor Markets
. Labor markets used for wage comparison will be based on recruiting markets for specific job classifications. Consultation with various appointing authorities will also contribute to labor market determination. (3-31-22)
a. When the competition for employees is the local area market, the comparison will be made from a survey representing public and private employers in the state of Idaho. (3-31-22)
b. For classifications with a regional recruiting area, the comparator market will be from public and private employers from the neighboring states and Idaho. For those with no private counterparts, the comparator market will be state governments, including, but not limited to, Arizona, Colorado, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. (3-31-22)
c. Recruitment and retention issues will be used to determine the need for additional special market surveys. (3-31-22)
Idaho Administrative Code › Title IDAPA 15 - Governor, Office of › Rule 15.04.01 - RULES OF THE DIVISION OF HUMAN RESOURCES AND IDAHO PERSONNEL COMMISSION › Section 15.04.01.071 - MERIT INCREASE MATRIX

Current through August 31, 2023
Salary increases must be based on a merit increase matrix approved by the Division. Shift and geographic premium pay, bonuses, reinstatements, transfers, promotions, salary equity increases, and recruitment and retention awards are not subject to a matrix. (3-31-22)