reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 21 - Veterans Services, Division of › Rule 21.01.01 - RULES GOVERNING ADMISSION, RESIDENCY, AND MAINTENANCE CHARGES IN IDAHO STATE VETERANS HOMES AND DIVISION OF VETERANS SERVICES ADMINISTRATIVE PROCEDURE › Section 21.01.01.100 - ELIGIBILITY REQUIREMENTS

Current through August 31, 2023
Applicants and residents must satisfy the following requirements: (3-23-22)
01.
Veterans or Eligible Spouse
. (3-23-22)
a. Nursing Care. Applicants for and residents of nursing care must be a veteran or the spouse of a veteran who is eligible for admission to a Home. The death of a veteran shall not disqualify a resident spouse if the veteran was eligible for admission to a Home at the time of death. (3-23-22)
b. Residential Care and Domiciliary Care. Applicants for and residents of residential care and domiciliary care must be a veteran. A Home will not grant spouses admission for residential care or domiciliary care. (3-23-22)
Idaho Administrative Code › Title IDAPA 21 - Veterans Services, Division of › Rule 21.01.01 - RULES GOVERNING ADMISSION, RESIDENCY, AND MAINTENANCE CHARGES IN IDAHO STATE VETERANS HOMES AND DIVISION OF VETERANS SERVICES ADMINISTRATIVE PROCEDURE › Section 21.01.01.150 - APPLICATION PROCEDURE

Current through August 31, 2023
01.
Submission of Application
. An application may be submitted to the administrative offices of a Home on a form from the Division. (3-23-22)
02.
Application Processing
. Completed applications will be processed no later than three (3) working days from receipt. (3-23-22)
03.
Waiting List
. An applicant who is approved for admission for whom a vacancy does not exist will be placed on a waiting list and accepted on a first come, first served basis dependent on the Home's ability to provide a level of care consistent with the needs of the applicant. The Home Administrator may award "priority status" to prospective Home residents resulting in their names being placed near the top of the Home waiting list, provided they have completed all preadmission requirements and meet one (1) or more of the following criteria: (3-23-22)
a. Veterans who served during any war or conflict officially engaged in by the government of the United States. (3-23-22)
b. Previous residents of Homes who have been discharged for therapeutic treatment or to live in a lesser level of care or in an independent setting and whose discharge plan indicates a readmission priority. (3-23-22)
c. Current Home residents who demonstrate a need for a level of care provided by a Home and who would benefit from maintaining a stable environment. (3-23-22)
d. Receive special consideration as per the request of the medical director because of his desire to provide a very specific continuum of care. (3-23-22)
Idaho Administrative Code › Title IDAPA 21 - Veterans Services, Division of › Rule 21.01.01 - RULES GOVERNING ADMISSION, RESIDENCY, AND MAINTENANCE CHARGES IN IDAHO STATE VETERANS HOMES AND DIVISION OF VETERANS SERVICES ADMINISTRATIVE PROCEDURE › Section 21.01.01.200 - DENIAL OF ADMISSION

Current through August 31, 2023
Admission may be denied to an otherwise eligible applicant for any reason for which an admitted resident could be involuntarily discharged. (4-6-23)
Idaho Administrative Code › Title IDAPA 21 - Veterans Services, Division of › Rule 21.01.01 - RULES GOVERNING ADMISSION, RESIDENCY, AND MAINTENANCE CHARGES IN IDAHO STATE VETERANS HOMES AND DIVISION OF VETERANS SERVICES ADMINISTRATIVE PROCEDURE › Section 21.01.01.202 - ACKNOWLEDGMENT OF CONDITIONS LEADING TO DISCHARGE

Current through August 31, 2023
Upon admission to a Home, each resident will be advised in writing of the conditions under which immediate discharge will occur, as specified in Section  350  of these rules. Each resident must acknowledge receipt of this information by signature, and that acknowledgment will be a permanent part of each resident's file. (3-23-22)
Idaho Administrative Code › Title IDAPA 21 - Veterans Services, Division of › Rule 21.01.01 - RULES GOVERNING ADMISSION, RESIDENCY, AND MAINTENANCE CHARGES IN IDAHO STATE VETERANS HOMES AND DIVISION OF VETERANS SERVICES ADMINISTRATIVE PROCEDURE › Section 21.01.01.300 - CONDUCT OF RESIDENTS

Current through August 31, 2023
Each resident must comply with applicable rules in this Chapter and with any order or directive of the Home Administrator. All complaints made by the residents concerning food, quarters, ill treatment, neglect, abusive language, or other violations of any rule or standard applicable to the Home, or complaints against the operation of a Home may be made either verbally or in writing to the Home Administrator. (3-23-22)
01.
No Operation of Motor Vehicles by Nursing Care Residents
. The operation or storage of privately owned motor vehicles by nursing care residents is prohibited on Home property. (3-23-22)
02.
Operation of Motor Vehicles by Domiciliary and Residential Care Residents
. Each authorized domiciliary and residential care resident who drives a motor vehicle onto the grounds of a Home must adhere to the following: (3-23-22)
a. Requirements: (3-23-22)
i. Possess a valid driver's license; (3-23-22)
ii. Have a current motor vehicle registration; (3-23-22)
iii. Operator is insured against liability and property damage in accordance with Idaho law; and (3-23-22)
iv. Park only in assigned spaces. (3-23-22)
Idaho Administrative Code › Title IDAPA 21 - Veterans Services, Division of › Rule 21.01.01 - RULES GOVERNING ADMISSION, RESIDENCY, AND MAINTENANCE CHARGES IN IDAHO STATE VETERANS HOMES AND DIVISION OF VETERANS SERVICES ADMINISTRATIVE PROCEDURE › Section 21.01.01.350 - TRANSFER AND DISCHARGE OF RESIDENTS

Current through August 31, 2023
A resident can be transferred or discharged, for a period to be determined by the Home Administrator, for the bases set forth in Section  350  of these rules. The Home Administrator will provide notice of transfer or discharge and the opportunity to appeal a transfer or discharge in accordance with Section  980  of these rules. (3-23-22)
01.
Emergency Discharge or Transfer
. Upon determination by the Home Administrator that an emergency exists, a resident may be immediately discharged or transferred. (3-23-22)
02.
General Discharge or Transfer
. If the Home Administrator determines that one (1) or more of the following is present or has occurred, the resident may be discharged or transferred from the Home: (3-23-22)
a. Possession of a lethal weapon of any kind by the resident on Division property; possession of wine, beer, or liquor by the resident on Division property; or possession of a controlled substance or medication by the resident, unless prescribed by the resident's physician; (3-23-22)
b. Excessive or habitual intoxication; (3-23-22)
c. Willfully destroys or wrongfully appropriates state or another person's property; (3-23-22)
d. Failure to comply with the rules of this Chapter or a written directive of the Home Administrator or the Division Administrator; (3-23-22)
e. Financial conditions set forth in Section  950  of these rules are present; (3-23-22)
f. Engages in a pattern of behavior that infringes upon the rights of another person; (3-23-22)
g. Unauthorized absences from the Home in excess of those permitted by Section  352  of these rules; (3-23-22)
h. Endangers the safety, wellbeing, or health of the resident or other persons or disrupts the peace of the home; (3-23-22)
i. The resident is required by law to register as a sex offender. Should it be determined by the Home that it must provide resources in excess of those provided to other residents to ensure the safety of the resident or other persons; (3-23-22)
j. The resident does not meet the requirements and limitations set forth in Section  100  of these rules. (3-23-22)
Idaho Administrative Code › Title IDAPA 21 - Veterans Services, Division of › Rule 21.01.01 - RULES GOVERNING ADMISSION, RESIDENCY, AND MAINTENANCE CHARGES IN IDAHO STATE VETERANS HOMES AND DIVISION OF VETERANS SERVICES ADMINISTRATIVE PROCEDURE › Section 21.01.01.352 - UNAUTHORIZED ABSENCES - RESIDENTIAL AND DOMICILIARY CARE

Current through August 31, 2023
01.
Unauthorized Absences Prohibited
. For residential and domiciliary care residents, no more than three (3) unauthorized absences may be accumulated in a thirty (30) day period. If more than three (3) unauthorized absences are accumulated, the resident may be discharged for a period of thirty (30) days. (3-23-22)
02.
Yearly Maximum
. The maximum number of unauthorized absences allowable in a one (1) year period is twelve (12). Any resident who exceeds twelve (12) unauthorized absences in one (1) year may be discharged for a period of up to one (1) year. (3-23-22)
03.
Readmission Requirements
. Residents discharged for unauthorized absences must reapply for admission and are subject to the same restrictions and conditions as other applicants. (3-23-22)
Idaho Administrative Code › Title IDAPA 21 - Veterans Services, Division of › Rule 21.01.01 - RULES GOVERNING ADMISSION, RESIDENCY, AND MAINTENANCE CHARGES IN IDAHO STATE VETERANS HOMES AND DIVISION OF VETERANS SERVICES ADMINISTRATIVE PROCEDURE › Section 21.01.01.851 - AVAILABLE SERVICES

Current through August 31, 2023
The Division will make available the following services. (3-23-22)
01.
Residential and Domiciliary Care
. The Division will make available the services listed below for residential and domiciliary care residents: (3-23-22)
a. Barber/Beauty Shop. (3-23-22)
b. Chaplain. (3-23-22)
c. Dietary. (3-23-22)
d. Laundry. (3-23-22)
e. Nursing (limited). (3-23-22)
f. Referral. (3-23-22)
g. Social Work. (3-23-22)
h. Therapeutic Recreation. (3-23-22)
i. Limited Transportation. (3-23-22)
Idaho Administrative Code › Title IDAPA 21 - Veterans Services, Division of › Rule 21.01.01 - RULES GOVERNING ADMISSION, RESIDENCY, AND MAINTENANCE CHARGES IN IDAHO STATE VETERANS HOMES AND DIVISION OF VETERANS SERVICES ADMINISTRATIVE PROCEDURE › Section 21.01.01.880 - FINANCIAL CONDITION OF APPLICANTS/RESIDENTS

Current through August 31, 2023
Each applicant/resident or his legal representative must submit a signed and dated financial statement to the Home Administrator on which his income and liquid assets from all sources are reported. The statement must also indicate whether the applicant/resident is responsible for the support of any legal dependent who should be considered in fixing the amount of monthly charges. If changes occur in the applicant's/resident's income or liquid assets, it is the applicant's/resident's responsibility to submit an accurate financial statement immediately. (3-23-22)
01.
Investigation of Financial Condition
. The Division is authorized to investigate the financial condition of applicants/residents to determine their ability to pay maintenance charges. An applicant/resident may need to provide a power of attorney or a release of information to the Home Administrator in order to assist in investigating his financial condition and to aid in securing any benefits for which he may be eligible. (3-23-22)
02.
Retroactive Income
. In the event an applicant/resident is awarded retroactive income from any source, he is responsible to report this award to the Home Administrator and to pay his maintenance charge retroactive to the effective date of income. (3-23-22)
Idaho Administrative Code › Title IDAPA 21 - Veterans Services, Division of › Rule 21.01.01 - RULES GOVERNING ADMISSION, RESIDENCY, AND MAINTENANCE CHARGES IN IDAHO STATE VETERANS HOMES AND DIVISION OF VETERANS SERVICES ADMINISTRATIVE PROCEDURE › Section 21.01.01.915 - MAINTENANCE CHARGES

Current through August 31, 2023
Upon becoming a resident of a Home, each resident is liable for the payment of a maintenance charge as well as expenses for supplies, medication, equipment, and services (other than basic services for the assigned level of care) that are not provided or paid for by VA, Medicaid, Medicare, or other insurance unless otherwise determined by the Home Administrator. Residents living in a Home for any part of a month must pay for each day, based on the actual number of days in the month, at that fraction of their total charge. Refusal or failure to pay the established maintenance charge or related expenses is cause for discharge from the Home. (3-23-22)
01.
Nursing Care Charges
. Charges shall be computed, based on payment source to include VA, Medicaid, Medicare, or full cost of care. (3-23-22)
02.
Residential and Domiciliary Care Charges
. Charges will be computed, based on the following factors: (3-23-22)
a. If the resident has an income, those items used to compute the charge will include: (3-23-22)
i. Social Security benefits; (3-23-22)
ii. Retirement benefits; (3-23-22)
iii. Income from annuities; (3-23-22)
iv. Insurance benefits; (3-23-22)
v. Rental from property; (3-23-22)
vi. Farm income; (3-23-22)
vii. VA pensions or compensations; (3-23-22)
viii. Tax refunds; and (3-23-22)
ix. Income from any and all other sources. (3-23-22)
Idaho Administrative Code › Title IDAPA 21 - Veterans Services, Division of › Rule 21.01.01 - RULES GOVERNING ADMISSION, RESIDENCY, AND MAINTENANCE CHARGES IN IDAHO STATE VETERANS HOMES AND DIVISION OF VETERANS SERVICES ADMINISTRATIVE PROCEDURE › Section 21.01.01.916 - MONTHLY CHARGES AND ALLOWANCES

Current through August 31, 2023
01.
Nursing Care
. Pursuant to Section  66-907, Idaho Code, maximum monthly charges are established by the Division Administrator with the advice of the Commission. A schedule of charges will be available in the business office of each Home. Charges will be reviewed from time to time by the Division Administrator and the Commission. (3-23-22)
a. Changes to Charges. Members of the public may comment on proposed changes at meetings of the Commission when changes are considered. (3-23-22)
b. Notification and Posting. When changes are made to charges, residents or their families or sponsors will receive written notification and changes will be posted in the business office of each Home a minimum of thirty (30) days prior to the effective date of the change. (3-23-22)
Idaho Administrative Code › Title IDAPA 21 - Veterans Services, Division of › Rule 21.01.01 - RULES GOVERNING ADMISSION, RESIDENCY, AND MAINTENANCE CHARGES IN IDAHO STATE VETERANS HOMES AND DIVISION OF VETERANS SERVICES ADMINISTRATIVE PROCEDURE › Section 21.01.01.950 - FINANCIAL GROUNDS FOR REJECTION OR DISCHARGE

Current through August 31, 2023
The following circumstances may be considered as grounds for rejection of an application for residency or for revocation of residency and subsequent discharge. (When an application is rejected or a resident discharged, the applicant/resident will be given notification of intended application rejection or discharge, in accordance with the provisions in Section  982  of these rules.) (3-23-22)
01.
Disposal of Assets
. If the Home Administrator determines that an applicant/resident has disposed of assets following or within sixty (60) months preceding initial application for residency, which would have the effect of reducing his maintenance charge, such action can lead to rejection of the application or discharge from a Home. (3-23-22)
02.
Failure to Pay Maintenance Charge
. Refusal or failure to pay the established maintenance charge can be cause for discharge from a Home. If the resident is so discharged, or leaves a Home voluntarily, the resident will not be eligible for readmission to a Home until all indebtedness to the Home is paid in full, or acceptable arrangements have been made with the Home Administrator for repayment. (3-23-22)
03.
Failure to Pay for Services
. (3-23-22)
a. Residents who are excluded from receiving free services from a VA Medical Center may elect to purchase such services through a sharing agreement or contract between a Home and a VA Medical Center or an outside provider when such sharing agreement or contract exists. In those cases where sharing agreement or contract costs are borne by a Home, the resident must reimburse the Home for the costs of services provided. (3-23-22)
b. Failure to reimburse a Home or a service provider within ten (10) days after receipt of a bill for services provided under a sharing agreement or contract may result in a resident's discharge from the Home. (3-23-22)
Idaho Administrative Code › Title IDAPA 21 - Veterans Services, Division of › Rule 21.01.01 - RULES GOVERNING ADMISSION, RESIDENCY, AND MAINTENANCE CHARGES IN IDAHO STATE VETERANS HOMES AND DIVISION OF VETERANS SERVICES ADMINISTRATIVE PROCEDURE › Section 21.01.01.980 - NOTICE OF RESIDENT TRANSFER OR DISCHARGE AND NOTICE OF DENIAL OF AN APPLICATION FOR RESIDENCY

Current through August 31, 2023
The Home Administrator or his designee must notify the applicant or resident of any action to be taken regarding rejection of an application or involuntary transfer or discharge from a Home. The Home does not need to provide notice of voluntary transfer or discharge pursuant to Subsection  350.04  of these rules. (4-6-23)
01.
Form of Notice
. Notices of denial of application or ineligibility for residency; transfer; or discharge must be in writing. (4-6-23)
02.
Content of Notice of Transfer or Discharge
. The notice must state the following: (3-23-22)
a. The reason for the impending action and a reference to the pertinent rules under which the action is being brought or decision has been made; (3-23-22)
b. The effective date of the action; (3-23-22)
c. The location to which the resident is transferred or discharge, which is established for Nursing Care transfers and discharges only; (3-23-22)
d. The applicant's or resident's right to request a hearing according to the deadlines in Section  982  of these rules; and (4-6-23)
e. The procedure for requesting a hearing, as provided in Subsection  982.03  of these rules. (3-23-22)
f. The name, address, and telephone number of the State long term care ombudsman; (3-23-22)
g. The name, address, and telephone number of the State Disability Rights agency responsible for the protection and advocacy for those residents with developmental disabilities or mental illness. (3-23-22)
Idaho Administrative Code › Title IDAPA 21 - Veterans Services, Division of › Rule 21.01.01 - RULES GOVERNING ADMISSION, RESIDENCY, AND MAINTENANCE CHARGES IN IDAHO STATE VETERANS HOMES AND DIVISION OF VETERANS SERVICES ADMINISTRATIVE PROCEDURE › Section 21.01.01.981 - APPEAL PROCEDURE

Current through August 31, 2023
Upon notification to a resident of transfer or discharge from a Home by the Home Administrator, the resident may request a hearing in accordance with the provisions in Section  982, "Provisions for Contested Cases," of these rules. Any additional violation of Home rules by a resident while on notice of transfer or discharge will be treated independent of any pending appeal. (3-23-22)
Idaho Administrative Code › Title IDAPA 21 - Veterans Services, Division of › Rule 21.01.01 - RULES GOVERNING ADMISSION, RESIDENCY, AND MAINTENANCE CHARGES IN IDAHO STATE VETERANS HOMES AND DIVISION OF VETERANS SERVICES ADMINISTRATIVE PROCEDURE › Section 21.01.01.982 - PROVISIONS FOR CONTESTED CASES

Current through August 31, 2023
01.
Inapplicability of Idaho Rules of Administrative Procedure of the Attorney General
. All contested cases shall be governed by the provisions of these rules. The Commission and Division Administrator find that the provisions of IDAPA 04.11.01, et seq., "Idaho Rules of Administrative Procedure of the Attorney General," are inapplicable and inappropriate for contested cases before the Commission, because of the specific and unique requirements of federal and state law regarding notices, hearing processes, procedural requirements, time lines, and other provisions requiring the Division to adopt its own procedures pursuant to Section  67-5206(5)(b), Idaho Code, and hereby affirmatively promulgate and adopt alternative procedures and elect not to be governed by any of the provisions of IDAPA 04.11.01, et seq., "Idaho Rules of Administrative Procedure of the Attorney General." (3-23-22)
02.
Hearing Rights
. Residents and applicants have the following rights to a hearing: (3-23-22)
a. If a resident of a Home is notified of transfer or discharge, the resident will be afforded an opportunity for a hearing. A resident of a Home must attempt to resolve the bases stated on the notice of action through verbal discussions with the Home Administrator or his designee prior to submission of a written request for a hearing. A resident will not be afforded an opportunity for a hearing based upon a voluntary transfer or discharge under Subsection  350.04  of these rules. (3-23-22)
b. If an application for residency in a Home is rejected, the applicant may request a hearing. (3-23-22)
Idaho Administrative Code › Title IDAPA 21 - Veterans Services, Division of › Rule 21.01.01 - RULES GOVERNING ADMISSION, RESIDENCY, AND MAINTENANCE CHARGES IN IDAHO STATE VETERANS HOMES AND DIVISION OF VETERANS SERVICES ADMINISTRATIVE PROCEDURE › Section 21.01.01.983 - PREHEARING PROVISIONS FOR RESIDENTIAL AND DOMICILIARY CARE

Current through August 31, 2023
The following general provisions are applicable to those phases of all appeals which occur before the hearing is conducted unless precluded by statute or rule. (3-23-22)
01.
Notice of Hearing
. Upon the receipt of a timely request for a hearing, the hearing shall be arranged by the Division Administrator and a notice sent to all parties that includes: (3-23-22)
a. A statement of the time, place and nature of the hearing; (3-23-22)
b. A statement of the legal authority under which the hearing is to be held; (3-23-22)
c. A reference to the particular sections of any statutes and rules involved; (3-23-22)
d. A statement of the issues involved; (3-23-22)
e. A statement that all documents to be relied upon by the hearing officer to make its order or notice of decision, or otherwise related to the issues involved in the hearing and relied upon by any party, are to be filed with the Division Administrator and that each party must serve its own documents unless otherwise stated by law; (3-23-22)
f. A statement that all parties may be represented by counsel; and (3-23-22)
g. A statement concerning advance requests for hearing transcripts pursuant to Subsection  983.08  of these rules. (3-23-22)
h. The assignment of a hearing officer for the hearing. The Division Administrator may designate the Commission as a hearing officer. (3-23-22)
Idaho Administrative Code › Title IDAPA 21 - Veterans Services, Division of › Rule 21.01.01 - RULES GOVERNING ADMISSION, RESIDENCY, AND MAINTENANCE CHARGES IN IDAHO STATE VETERANS HOMES AND DIVISION OF VETERANS SERVICES ADMINISTRATIVE PROCEDURE › Section 21.01.01.984 - HEARING PROVISIONS FOR RESIDENTIAL AND DOMICILIARY CARE

Current through August 31, 2023
The following general provisions are applicable to those phases of all hearings, unless precluded by statute or rule. (3-23-22)
01.
Computation of Time
. In computing any period of time relating to a hearing, the first day of the period is not to be included. The last day of the period is to be included unless it is a Saturday, Sunday or legal holiday, in which case the period runs until 5 p.m. of the next working day, unless otherwise provided by law. (3-23-22)
02.
Service of Documents
. Documents concerning hearings must be served as follows: (3-23-22)
a. All pleadings, briefs and subsequent papers must be served upon every party of record concurrently with the filing with the Division Administrator. (3-23-22)
b. All notices and orders required to be served, other than the initial complaint or petition, must be served in person or by first-class mail. (3-23-22)
c. The initial complaint or petition must be served in person or by certified mail. (3-23-22)
c. The initial hearing request must be served in person or by certified mail. (3-23-22)
d. Service by first-class or certified mail will be deemed complete when the document, properly addressed and stamped, is deposited in the United States mail. The postmark will be the determinant date for all time lines. (3-23-22)
e. Proof of service must accompany all documents when they are filed with the Division Administrator. (3-23-22)
Idaho Administrative Code › Title IDAPA 21 - Veterans Services, Division of › Rule 21.01.01 - RULES GOVERNING ADMISSION, RESIDENCY, AND MAINTENANCE CHARGES IN IDAHO STATE VETERANS HOMES AND DIVISION OF VETERANS SERVICES ADMINISTRATIVE PROCEDURE › Section 21.01.01.985 - POST HEARING PROVISIONS FOR RESIDENTIAL AND DOMICILIARY CARE

Current through August 31, 2023
The following provisions are applicable to those phases of all contested case proceedings which occur after the hearing has been conducted: (3-23-22)
01.
Service of Decisions and Orders
. Decisions and orders are deemed to have been served when copies thereof are mailed to all parties of record or their attorneys by the Division Administrator. (3-23-22)
02.
No Motions for Reconsideration
. Unless otherwise provided by law or these rules, motions for reconsideration shall not be permitted. (3-23-22)
03.
Public Inspection
. All final decisions and orders of the Commission must be maintained by the Division Administrator and made available for public inspection after service on the parties. (3-23-22)
04.
Effect of Petition for Judicial Review
. The filing of a petition for judicial review shall not stay compliance with the decision and order or suspend the effectiveness of the decision and order, unless otherwise ordered or mandated by law. (3-23-22)
Idaho Administrative Code › Title IDAPA 21 - Veterans Services, Division of › Rule 21.01.04 - RULES GOVERNING IDAHO STATE VETERANS CEMETERIES › Section 21.01.04.000 - LEGAL AUTHORITY

Current through August 31, 2023
The Idaho Legislature has given the Administrator of the Division of Veterans Services the authority to promulgate rules governing the Idaho State Veterans Cemetery pursuant to Section  65-202, Idaho Code. (3-23-22)
Idaho Administrative Code › Title IDAPA 21 - Veterans Services, Division of › Rule 21.01.04 - RULES GOVERNING IDAHO STATE VETERANS CEMETERIES › Section 21.01.04.001 - SCOPE

Current through August 31, 2023
These rules contain provisions for eligibility for interment at Idaho State Veterans Cemeteries and the provisions for operation and maintenance of Idaho State Veterans Cemeteries. (3-23-22)
Idaho Administrative Code › Title IDAPA 21 - Veterans Services, Division of › Rule 21.01.04 - RULES GOVERNING IDAHO STATE VETERANS CEMETERIES › Section 21.01.04.002 - INCORPORATION BY REFERENCE

Current through August 31, 2023
01.
Incorporated Documents
. These rules incorporate by reference the following: (3-23-22)
a. The full text of  38 CFR 38.620, dated July 1, 2001. (3-23-22)
b.
									38 U.S.C.A. Section 2402, (2004 and Supp. 2004). (3-23-22)
c.
									38 CFR 39.5(d), dated July 1, 2008. (3-23-22)
Idaho Administrative Code › Title IDAPA 21 - Veterans Services, Division of › Rule 21.01.04 - RULES GOVERNING IDAHO STATE VETERANS CEMETERIES › Section 21.01.04.010 - DEFINITIONS

Current through August 31, 2023
01.
Administrator
. The Administrator of the Idaho Division of Veterans Services or his designee. (3-23-22)
02.
Applicant
. The individual requesting interment, disinterment or reinterment of a qualified person. (3-23-22)
03.
Armed Forces Member
. A member or former member of the armed forces of the United States, the reserve component of the armed forces of the United States, the reserve officers training corps of the United States, or the armed forces of an ally of the United States who is eligible for burial in national cemeteries pursuant to  38 CFR 38.620 and  38 U.S.C. Section 2402. (3-23-22)
04.
Cemetery
. Idaho State Veterans Cemeteries authorized pursuant to Section  65-108, Idaho Code. (3-23-22)
05.
Committal Service
. A gathering of one (1) or more individuals prior to interment or reinterment. (3-23-22)
06.
Cremains
. Cremated human remains. (3-23-22)
07.
Designated Interpretive Trail
. A public recreational trail designated by a sign or marker. (3-23-22)
08.
Disinterment
. The removal of human remains from their place of interment. (3-23-22)
09.
Division
. The Idaho Division of Veterans Services. (3-23-22)
10.
Interment
. The disposition of human remains by burial or the placement of cremains in a grave plot or in any location designated by the Administrator for use as a permanent location of cremains. (3-23-22)
11.
Qualified Person
. A person who satisfies the requirements for eligibility for interment in national cemeteries found at  38 CFR 38.620 and  38 U.S.C. Section 2402  and is not prohibited from being interred by  38 CFR 39.10(b). (3-23-22)
12.
Reinterment
. The interment of previously interred human remains. (3-23-22)
13.
Unremarried Spouse
. An individual who is the surviving spouse of a deceased armed forces member and who has not remarried. (3-23-22)
14.
USDVA
. The United States Department of Veterans Affairs. (3-23-22)
Idaho Administrative Code › Title IDAPA 21 - Veterans Services, Division of › Rule 21.01.04 - RULES GOVERNING IDAHO STATE VETERANS CEMETERIES › Section 21.01.04.020 - ELIGIBILITY FOR INTERMENT

Current through August 31, 2023
01.
Eligibility
. A qualified person is eligible for interment at the cemetery. An individual who is a qualified person based upon a relationship to an armed forces member is eligible for interment at the cemetery if the armed forces member is pre-registered for interment at the cemetery or is interred at the cemetery. (3-23-22)
02.
Requirements
. (3-23-22)
a. Proof of qualification as an Armed Forces Member as evidenced by: (3-23-22)
i. A valid discharge from the armed forces of the United States in the name of the individual indicating that the character of discharge was other than dishonorable; (3-23-22)
ii. A copy of a Reserve Retirement Eligibility Benefits Letter in the name of the individual; (3-23-22)
iii. A valid certificate of naturalization or a valid United States passport in the name of the individual and a valid discharge in the name of the individual from the armed forces of an ally of the United States in a war during which the individual served indicating that the character of discharge was other than dishonorable; (3-23-22)
iv. Any other evidence satisfactory to the Administrator. (3-23-22)
Idaho Administrative Code › Title IDAPA 21 - Veterans Services, Division of › Rule 21.01.04 - RULES GOVERNING IDAHO STATE VETERANS CEMETERIES › Section 21.01.04.022 - INTERMENT AND REINTERMENT

Current through August 31, 2023
01.
Remains
. Remains shall be delivered to the cemetery in a casket or, if cremated, in a recoverable container. The container for cremains designated by the applicant for interment in a location other than a grave plot shall not exceed nine (9) inches in width, thirteen (13) inches in height, and nine (9) inches in depth. (3-23-22)
02.
Committal Services
. The cemetery will provide a designated non-gravesite location for committal services. The cemetery will not provide facilities for viewing of remains. The arrangements for and any expenses associated with committal services are the responsibility of the applicant. (3-23-22)
Idaho Administrative Code › Title IDAPA 21 - Veterans Services, Division of › Rule 21.01.04 - RULES GOVERNING IDAHO STATE VETERANS CEMETERIES › Section 21.01.04.023 - DISINTERMENT AND REINTERMENT

Current through August 31, 2023
01.
Disinterment
. The Administrator may approve an application for disinterment where the applicant for interment, the surviving unremarried spouse, if any, and the children of the interred person, or the legal representatives of any of the foregoing persons, complete and sign an application form prescribed by the Administrator and submit proof of applicable governmental approval of the disinterment, transporting, and reinterment of the remains. The Administrator shall approve an application for disinterment accompanied by the order of a court of competent jurisdiction. (3-23-22)
02.
Reinterment
. (3-23-22)
a. Who May Be Reinterred. The Administrator may approve an application for reinterment of remains in the cemetery where the remains are of a qualified person and the applicant for interment desires that the remains be interred with remains interred in the cemetery or with the remains of a qualified person pre-registered for interment in the cemetery. (3-23-22)
b. Application and Proof of Eligibility. The applicant for reinterment shall complete an application form prescribed by the Administrator and submit proof of the eligibility of the qualified person and proof of applicable governmental approval of the disinterment, transporting, and reinterment of the remains. If the application seeks reinterment of the remains of a qualified person, the applicant shall identify the qualified person with whom the reinterred remains will be interred. (3-23-22)
Idaho Administrative Code › Title IDAPA 21 - Veterans Services, Division of › Rule 21.01.04 - RULES GOVERNING IDAHO STATE VETERANS CEMETERIES › Section 21.01.04.024 - FEES FOR INTERMENT, DISINTERMENT, REINTERMENT, AND MEMORIAL

Current through August 31, 2023
The Administrator shall charge the following fees: (3-23-22)
01.
Interment
. (3-23-22)
a. A fee equal to the then current USDVA reimbursement for opening and closing an interment site containing a pre-placed crypt. The Administrator will accept, as full payment the amount of reimbursement by the USDVA to the Division for opening and closing an interment site containing a pre-placed crypt for a qualified veteran. (3-23-22)
b. In addition to the fee charged under Paragraph 024.01 .a. of this rule, the Administrator shall charge a fee of seven hundred dollars ($700) for preparation of an interment site not containing a pre-placed crypt. (3-23-22)
Idaho Administrative Code › Title IDAPA 21 - Veterans Services, Division of › Rule 21.01.04 - RULES GOVERNING IDAHO STATE VETERANS CEMETERIES › Section 21.01.04.030 - CEMETERY USE

Current through August 31, 2023
01.
Public Use
. The cemetery will be open to public access from 8 a.m. to sunset daily. The Administrator may close the cemetery at 6 p.m. when a public fireworks display is planned. (3-23-22)
02.
Interment Schedule
. Cemetery staff will schedule interments to ensure that cemetery staff complete their duties between the hours of 8 a.m. and 5 p.m. Cemetery staff will not schedule interments on Saturdays, Sundays and legal holidays without the prior approval of the Administrator. (3-23-22)
03.
Public Behavior
. The Administrator may adopt and enforce policies regarding public behavior in the cemetery, including but not limited to preservation of property, recreation, ceremonies and gatherings, animals, motor vehicles, alcohol, and photography. (3-23-22)
Idaho Administrative Code › Title IDAPA 21 - Veterans Services, Division of › Rule 21.01.04 - RULES GOVERNING IDAHO STATE VETERANS CEMETERIES › Section 21.01.04.040 - MEMORIALS AND DONATIONS

Current through August 31, 2023
01.
Flowers and Grave Decorations
. The Administrator will post the requirements for natural and artificial flowers and other grave decorations in the cemetery. Cemetery personnel may remove and discard grave decorations that fail to comply with the posted requirements or that are faded, wilted, tattered or worn. (3-23-22)
02.
Plaques, Statues, and Other Memorials
. The Administrator may approve plaques, statues, and other memorials to commemorate events, units, individuals, groups, and organizations. Persons wishing to install such memorials at their own cost may submit an application on a form prescribed by the Administrator. Memorials approved by the Administrator are considered donations to the cemetery. (3-23-22)
03.
Grave Markers
. Grave markers issued by the USDVA are approved as follows: (3-23-22)
a. Graves - Upright granite markers. (3-23-22)
b. Interments in an area reserved for the interment of cremains in the soil - Flush granite markers. (3-23-22)
c. Interment of cremains in a structure reserved for the interment of cremains - Granite niche markers. (3-23-22)
Idaho Administrative Code › Title IDAPA 24 - Occupational and Professional Licenses, Division of › Rule 24.01.01 - RULES OF THE BOARD OF ARCHITECTURAL EXAMINERS › Section 24.01.01.002 - INCORPORATION BY REFERENCE

Current through August 31, 2023
The document titled NCARB Rules of Conduct as published by the
				National Council of Architectural Registration Boards, dated July 2014, is
				hereby incorporated by reference. (3-28-23)
Idaho Administrative Code › Title IDAPA 24 - Occupational and Professional Licenses, Division of › Rule 24.01.01 - RULES OF THE BOARD OF ARCHITECTURAL EXAMINERS › Section 24.01.01.010 - DEFINITIONS

Current through August 31, 2023
01.
AXP
. Architectural
			 Experience Program. (3-28-23)
02.
Direct Supervision
. Direct supervision of an unlicensed individual
			 in the practice of architecture means the exercise of management, control,
			 authority, responsibility, oversight and guidance over the unlicensed
			 individuals work, activities and conduct. (3-28-23)
03.
NAAB
. National Architectural
			 Accrediting Board. (3-28-23)
04.
NCARB
. National Council of Architectural Registration Board.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 24 - Occupational and Professional Licenses, Division of › Rule 24.01.01 - RULES OF THE BOARD OF ARCHITECTURAL EXAMINERS › Section 24.01.01.175 - APPLICANT PAST CRIME REVIEW

Current through August 31, 2023
01.
Review
			 Authority
. In reviewing an Applicant for licensure who has been
			 convicted of a felony or misdemeanor as set forth in section
			 54-314(1)(d) 
			 Idaho Code, the Board may utilize the follow process and factors to determine
			 the applicant's suitability for licensure: (3-28-23)
02.
Exemption Review
. The
			 exemption review consists of a review of any documents relating to the crime
			 and any supplemental information provided by the applicant bearing upon his
			 suitability for registration. The Board may, at its discretion, grant an
			 interview of the applicant and consider the factors set forth in Section
			 67-9411, Idaho Code. The applicant
			 bears the burden of establishing their current suitability for licensure.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 24 - Occupational and Professional Licenses, Division of › Rule 24.01.01 - RULES OF THE BOARD OF ARCHITECTURAL EXAMINERS › Section 24.01.01.200 - FEES FOR EXAMINATIONS AND LICENSURE

Current through August 31, 2023
Fees are non-refundable.
FEE TYPE
AMOUNT (Not to
							 Exceed)
Examination
Established by NCARB
Application
$25.00
Annual renewal
$50.00
Endorsement license
$50.00
Temporary license
$50.00
Reinstatement
As provided in Section
							 67-2614, Idaho Code
(3-28-23)
Idaho Administrative Code › Title IDAPA 24 - Occupational and Professional Licenses, Division of › Rule 24.01.01 - RULES OF THE BOARD OF ARCHITECTURAL EXAMINERS › Section 24.01.01.250 - QUALIFICATIONS OF APPLICANTS FOR EXAMINATION

Current through August 31, 2023
01.
Accredited Degree Applicants
. All applicants for the Architectural
			 Registration Examination (ARE) will possess a professional degree in
			 architecture from a program that is accredited by the National Architectural
			 Accrediting Board (NAAB) or that is approved by the Board. All applicants for
			 the ARE must have started or completed the Architectural Experience Program
			 (AXP) requirements. (3-28-23)
02.
Experience in Lieu of Degree Applicants
. The Board may allow an
			 applicant without an architecture degree to sit for the architecture
			 examination upon determining that such applicant has attained the knowledge and
			 skill approximating that attained by graduation from an accredited architecture
			 curriculum including the submission of a record of eight (8) years or more of
			 experience in architecture work of a character deemed satisfactory by the
			 Board. Said experience may include that necessary for completion of the AXP.
			 Two (2) years of eight (8) or more years of experience may be accepted if
			 determined that such experience is directly related to architecture under the
			 direct supervision of a registered engineer (practicing as a structural, civil,
			 mechanical or electrical engineer in the field of building construction) or a
			 registered landscape architect. At least six (6) years of such experience must
			 be obtained while working under the direct supervision of a licensed architect.
			 A person is qualified for the examination once they have met the experience
			 requirement and started the AXP. (3-28-23)
Idaho Administrative Code › Title IDAPA 24 - Occupational and Professional Licenses, Division of › Rule 24.01.01 - RULES OF THE BOARD OF ARCHITECTURAL EXAMINERS › Section 24.01.01.300 - APPLICATION

Current through August 31, 2023
01.
Licensure by Examination
.
			 (3-28-23)
a. Application for licensure by
			 examination is made on the uniform application form adopted by the Board.
			 (3-28-23)
b. Applicants must
			 furnish all information required by the uniform application form and will
			 include the following: (3-28-23)
i. If
			 applying based upon an accredited degree: Furnish certification of graduation
			 and a certified transcript of all subjects and grades received for all college
			 courses taken. (3-28-23)
ii. If
			 applying based upon experience in lieu of an accredited degree: Furnish
			 statement or statements, of all actual architectural or other applicable
			 experience signed by the person under whose supervision the work was performed,
			 giving kind and type of work done, together with dates of employment.
			 (3-28-23)
c. Application
			 will not be reviewed by the Board until all required information is furnished
			 and the required fee is paid. (3-28-23)
d. Applications received less than seven (7)
			 days prior to a Board meeting may be held over to the next meeting.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 24 - Occupational and Professional Licenses, Division of › Rule 24.01.01 - RULES OF THE BOARD OF ARCHITECTURAL EXAMINERS › Section 24.01.01.350 - REGISTRATION EXAMINATION

Current through August 31, 2023
The Board, having found that the content and methodology of the
				ARE prepared by NCARB is the most practicable and effective examination to test
				an applicant's qualifications for registration, adopts the ARE as the single,
				written and/or electronic examination for registration of architects in this
				state, and further adopts the following rules with respect thereto:
				(3-28-23)
01.
When Taken
.
			 The Board will cause the ARE, prepared by NCARB, to be administered to all
			 applicants eligible, in accordance with the requirements of the Board, by their
			 training and education to be examined for registration on dates scheduled by
			 the NCARB. The Board will cause repeat divisions of the ARE to be administered
			 to qualified candidates on such dates as are scheduled by the NCARB. The ARE
			 examination is a multiple part examination prepared by NCARB. Content of the
			 examination in all of its sections is available from the Board or NCARB.
			 (3-28-23)
02.
Grading
.
			 The ARE is graded in accordance with the methods and procedures recommended by
			 the NCARB. Grades from the individual division are not averaged. Applicants
			 will have unlimited opportunities to retake division which they fail except as
			 set forth in these rules. The Board accepts passing grades of computer
			 administered divisions of the ARE as satisfying the requirements for said
			 division(s) when such examinations are administered as prescribed by the NCARB.
			 (3-28-23)
03.
Passing
			 (ARE)
. To pass the ARE, an applicant must achieve a passing grade on
			 each division. Subject to certain conditions, a passing grade for any division
			 of the ARE is valid for five (5) years, after which time the division must be
			 retaken unless all divisions have been passed. The Board may allow a reasonable
			 extension of such period in circumstances where completion of all divisions is
			 prevented by a medical condition, active duty in military service, or other
			 like causes. Approval to take the ARE will terminate unless the applicant has
			 passed or failed a division of the ARE within a period of five (5) years. Any
			 applicant whose approval has so terminated must reapply for approval to take
			 the ARE. (3-28-23)
Idaho Administrative Code › Title IDAPA 24 - Occupational and Professional Licenses, Division of › Rule 24.01.01 - RULES OF THE BOARD OF ARCHITECTURAL EXAMINERS › Section 24.01.01.375 - ARCHITECTURAL INTERN

Current through August 31, 2023
An individual may represent themselves as an architectural
				intern only under the following conditions: (3-28-23)
01.
Supervision
. Each
			 architectural intern is employed by and work under the direct supervision of an
			 Idaho licensed architect. (3-28-23)
02.
AXP Enrollment
. Each
			 architectural intern must be enrolled in NCARB's AXP and maintain a record in
			 good standing. (3-28-23)
03.
Record
. Each architectural intern possesses either: (3-28-23)
a. A record with the NCARB establishing that
			 AXP training has been started; or (3-28-23)
b. A record establishing completion of all
			 AXP training regulations as specified by NCARB. (3-28-23)
Idaho Administrative Code › Title IDAPA 24 - Occupational and Professional Licenses, Division of › Rule 24.01.01 - RULES OF THE BOARD OF ARCHITECTURAL EXAMINERS › Section 24.01.01.400 - FIRM NAME

Current through August 31, 2023
01.
Firm
			 Names
. Firm names incorporating the use of names of unlicensed
			 individuals are considered in violation of Section
			 54-315, Idaho Code. A firm may
			 continue to utilize the name of a retired or deceased formerly licensed
			 architect so long as their unlicensed status is clearly disclosed.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 24 - Occupational and Professional Licenses, Division of › Rule 24.01.01 - RULES OF THE BOARD OF ARCHITECTURAL EXAMINERS › Section 24.01.01.410 - USE OF AN ARCHITECT'S SEAL

Current through August 31, 2023
An architect's seal may be placed on all technical submissions
				prepared personally by the architect or prepared under the architect's
				responsible control or as otherwise allowed under the provisions of Section
				54-304, Idaho Code. Nothing in
				this rule limits an architect's responsibility to the owner for the work of
				other licensed professionals to the extent established by contract between the
				owner and architect. (3-28-23)
Idaho Administrative Code › Title IDAPA 24 - Occupational and Professional Licenses, Division of › Rule 24.01.01 - RULES OF THE BOARD OF ARCHITECTURAL EXAMINERS › Section 24.01.01.450 - CONTINUING EDUCATION

Current through August 31, 2023
In order to protect the public health and safety and promote
				the public welfare, the Board has adopted the following rules for continuing
				education. (3-28-23)
01.
Continuing Education Requirement
. Each Idaho licensed architect
			 must successfully complete a minimum of twelve (12) hours of continuing
			 education in architectural health, safety and welfare in the calendar year
			 prior to license renewal. (3-28-23)
a. Each
			 licensee will submit to the Board their annual renewal application form and
			 required fees, and will certify that they have complied with annual CE
			 requirements for the previous calendar year. Each licensee will provide to the
			 Board together with their application for reinstatement of an expired license
			 form and required fees, proof of compliance with annual CE requirements for
			 each year that their license was expired. A license that has been canceled for
			 failure to renew may be reinstated in accordance with Section
			 67-2614, Idaho Code.
			 (3-28-23)
b. A licensee is
			 considered to have satisfied their CE requirements for the first renewal of
			 their initial license. Licensees who have failed to meet the annual continuing
			 education requirement may petition the Board for additional time to complete
			 their continuing education requirements. (3-28-23)
c. A licensee may carryover a maximum of six
			 (6) hours of continuing education to meet the next year's continuing education
			 requirement. (3-28-23)
d. One (1)
			 continuing education hour is equal to one (1) learning unit, as determined by
			 the American Institute of Architects, or one (1) clock hour of education, as
			 determined by the Board. (3-28-23)
Idaho Administrative Code › Title IDAPA 24 - Occupational and Professional Licenses, Division of › Rule 24.01.01 - RULES OF THE BOARD OF ARCHITECTURAL EXAMINERS › Section 24.01.01.750 - CODE OF ETHICS

Current through August 31, 2023
01.
Rules of
			 Conduct
. The NCARB Rules of Conduct are hereby adopted as the Code of
			 Ethics for all Idaho licensed architects. (3-28-23)