reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 28 - Commerce, Department of › Rule 28.02.03 - DEPARTMENT OF COMMERCE GRANT PROGRAM RULES › Subchapter A - GENERAL GRANT PROGRAM REQUIREMENTS › Section 28.02.03.200 - RURAL COMMUNITY INVESTMENT FUND (RCIF)

Current through August 31, 2023
01.
Program Intent
. This grant provides funds to rural areas in support of economic expansion and job creation, as defined per the program guideline which includes the RCIF Grant Application and Manual. (3-31-22)
02.
Eligible Applicants
. Applicants for the Idaho Rural Community Block Grants are as follows: (3-31-22)
a. City applicants. Rural cities are those generally less than twenty-five thousand (25,000) in population. Cities contiguous to large cities are not eligible to apply. (3-31-22)
b. County applicants. Counties with less than twenty-five thousand (25,000) population. However, any county may apply for unincorporated communities. (3-31-22)
c. Indian tribes located in Idaho may apply if the project site is located on reservation land and within a community of less than twenty-five thousand (25,000) population. (3-31-22)
Idaho Administrative Code › Title IDAPA 28 - Commerce, Department of › Rule 28.02.03 - DEPARTMENT OF COMMERCE GRANT PROGRAM RULES › Subchapter A - GENERAL GRANT PROGRAM REQUIREMENTS › Section 28.02.03.250 - IDAHO GLOBAL ENTREPRENEURIAL MISSION (IGEM) GRANT PROGRAM

Current through August 31, 2023
01.
Program Intent
. The IGEM Grant Program funds commercialization grants supporting University and industry research partnerships for the purpose of enhancing technology transfer and commercialization of research and technologies developed at the Universities to create high-quality jobs and new industries in the private sector in Idaho. (3-31-22)
02.
Eligible Applicants
. Idaho's public research universities: Boise State University, Idaho State University, and University of Idaho. (3-31-22)
03.
Industry Partner
. A domestic or foreign entity that designs, produces, or sells goods or services or that contractually agrees to undertake such acts in connection with the technologies licensed or otherwise transferred to the entity by a University, and that is partnered with an Eligible Applicant. (3-31-22)
04.
Review of Applications
. In selecting IGEM awards, the IGEM Council will give greater weight to proposals that partner with Idaho-based entities. (3-31-22)
05.
Matching Funds
. This grant requires a monetary or in-kind contribution from the industry partner as outlined in program guidelines. (3-31-22)
06.
Commercialization Revenue
. Revenue generated through the commercialization of university intellectual property rights in a work authored or an invention conceived or first reduced to practice in the performance of an IGEM grant award are distributed as outlined in Section  67-4731, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 28 - Commerce, Department of › Rule 28.02.03 - DEPARTMENT OF COMMERCE GRANT PROGRAM RULES › Subchapter A - GENERAL GRANT PROGRAM REQUIREMENTS › Section 28.02.03.300 - IDAHO OPPORTUNITY FUND

Current through August 31, 2023
01.
Program Intent
. The Idaho Opportunity Fund provides funding for public costs incurred with the purpose to retain, expand or attract jobs, which include: (3-31-22)
a. Construction of or improvements to new or existing water, sewer, gas or electric utility systems for new or existing buildings to be used for industrial or commercial operations; (3-31-22)
b. Flood zone or environmental hazard mitigation; or (3-31-22)
c. Construction, upgrade or renovation of other infrastructure related items including, but not limited to, railroads, broadband, parking lots, roads or other public costs that are directly related to specific job creation or expansion projects. (3-31-22)
Idaho Administrative Code › Title IDAPA 28 - Commerce, Department of › Rule 28.02.03 - DEPARTMENT OF COMMERCE GRANT PROGRAM RULES › Subchapter A - GENERAL GRANT PROGRAM REQUIREMENTS › Section 28.02.03.350 - IDAHO COMMUNITY DEVELOPMENT BLOCK GRANT (ICDBG)

Current through August 31, 2023
01.
Incorporation by Reference
. The Department of Commerce adopts and incorporates by reference the CDBG Procedures Guide, CDBG Application Handbook, the CDBG Grant Manual,  24 CFR Part 570, and the most current Annual Action Plan as rules for the administration of the Idaho Community Development Block Grant. (3-31-22)
02.
Purpose
. The rules incorporated by reference in (01) relate to the scope and procedures for the implementation of the Idaho Community Development Block Grant Program. (3-31-22)
Idaho Administrative Code › Title IDAPA 28 - Commerce, Department of › Rule 28.04.01 - RULES GOVERNING THE IDAHO REIMBURSEMENT INCENTIVE ACT › Section 28.04.01.001 - SCOPE

Current through August 31, 2023
These rules implement the Idaho Reimbursement Act, including application and pre-application process, formation of incentive agreements with the business entity, reimbursement to the business entity through an earned tax credit, annual reporting procedure. (3-31-22)
Idaho Administrative Code › Title IDAPA 28 - Commerce, Department of › Rule 28.04.01 - RULES GOVERNING THE IDAHO REIMBURSEMENT INCENTIVE ACT › Section 28.04.01.003 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
The award of a credit under the Tax Reimbursement Incentive Act is made at the recommendation of the Director of the Department of Commerce and approval of the Economic Advisory Council (Council). In light of the negotiated nature of awarding the Tax Reimbursement Incentive (TRI), there is no administrative appeal under these rules. Nothing in this section prohibits an aggrieved applicant from seeking judicial review as provided in Chapter 52, Title 67, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 28 - Commerce, Department of › Rule 28.04.01 - RULES GOVERNING THE IDAHO REIMBURSEMENT INCENTIVE ACT › Section 28.04.01.100 - DEFINITIONS AND ABBREVIATIONS

Current through August 31, 2023
The following definitions apply: (3-31-22)
01.
Incentive Agreement
. A reimbursement contract between the Department and the business entity which details any instruction provided by the Council in addition to the requirements detailed in Chapter 47, Title 67, Section  4740, Idaho Code. Also referred to as an Agreement. (3-31-22)
02.
Pre-Application
. A form, paper or electronic, that is completed by the business entity or on behalf of the business entity by an authorized economic development or local government representative when details about the Meaningful Project are not fully known. A pre-application necessitates that an application is completed by the business entity or its authorized representative at a later time, and prior to award of a tax credit. (3-31-22)
03.
Tax Reimbursement Incentive Act (TRI)
. A performance based tax reimbursement mechanism available to existing Idaho businesses and new businesses creating jobs in Idaho. Also known as the Idaho Reimbursement Incentive Act. (3-31-22)
Idaho Administrative Code › Title IDAPA 28 - Commerce, Department of › Rule 28.04.01 - RULES GOVERNING THE IDAHO REIMBURSEMENT INCENTIVE ACT › Section 28.04.01.130 - PROGRAM INTENT

Current through August 31, 2023
The TRI is designed to accelerate the growth of new business opportunities, encourage the creation of high-paying jobs, and diversify the state's economy. The Tax Reimbursement Incentive is a performance-based economic development tool that provides a refundable tax credit up to thirty percent (30%) for up to fifteen (15) years on new business entity income tax, sales tax, and payroll taxes paid as a result of meaningful project. The TRI will perpetually generate the revenues needed to fund the incentive. (3-31-22)
01.
Available Credit
. This credit is available to both existing and new companies seeking expansion in the state. The tax credit percentage and project term are negotiated based upon the quantity and quality of jobs created, state/regional economic impact and return on investment for Idaho, among others. The credit authorized must be the lowest approved percentage and term that will incentivize creation of new jobs and New State Revenue. (3-31-22)
02.
Evaluation and Recommendation
. Incentives will be evaluated and recommended to the Council by the Director, with final approval by the Council. The TRI will be governed by detailed incentive agreements between the Department and business entity. (3-31-22)
Idaho Administrative Code › Title IDAPA 28 - Commerce, Department of › Rule 28.04.01 - RULES GOVERNING THE IDAHO REIMBURSEMENT INCENTIVE ACT › Section 28.04.01.150 - ELIGIBILITY

Current through August 31, 2023
01.
Eligible Recipients
. Recipients of the TRI are limited to existing business entities located in Idaho seeking to expand their companies within the state of Idaho, and business entities, new to Idaho, seeking to relocate to, or expand in, the state of Idaho. (3-31-22)
02.
Eligible Projects
. An eligible project is an expansion of an existing business located in Idaho or the creation of new business operations in Idaho that generate the minimum required new jobs based on rural or urban location. (3-31-22)
Idaho Administrative Code › Title IDAPA 28 - Commerce, Department of › Rule 28.04.01 - RULES GOVERNING THE IDAHO REIMBURSEMENT INCENTIVE ACT › Section 28.04.01.151 - JOB CREATION CRITERIA

Current through August 31, 2023
01.
Rural Community
. The minimum new jobs required for a rural community is not less than twenty (20) over the term of the project. (3-31-22)
02.
Urban Community
. The minimum new jobs required for an urban community is not less than fifty (50) over the term of the project. (3-31-22)
03.
New Jobs
. New jobs must exceed the business entities' maximum number of full times jobs in Idaho during the twelve (12) months immediately preceding the date of the application. (3-31-22)
04.
Job Shift
. A job that shifts from one (1) location within the state of Idaho to another location within the state of Idaho is not considered a new job. (3-31-22)
05.
New Jobs Wages
. New jobs wages must equal or exceed the average annual county wage in the county where the jobs are located. The Department will annually publish the average county wage based on the most recent, non-preliminary information, obtained from the Idaho Department of Labor. (3-31-22)
Idaho Administrative Code › Title IDAPA 28 - Commerce, Department of › Rule 28.04.01 - RULES GOVERNING THE IDAHO REIMBURSEMENT INCENTIVE ACT › Section 28.04.01.152 - APPLICATION PROCESS

Current through August 31, 2023
01.
Inquiry
. The business entity, or its authorized representative, may engage an authorized representative from the Department to complete an initial screening process. The screening process will assist the business entity in determining to proceed with a pre-application or application. Information necessary during screening includes general details about the Project, the number of full-time jobs, the number of new jobs, the minimum new jobs, the rural or urban area under consideration, the industry, the community contribution, as well as any other information requested to determine eligibility. The business entity, in consultation with the Department's representative, makes a determination to proceed with a pre-application or a full application depending on the project timeline, known project details or other factors associated with the project. (3-31-22)
02.
Pre-Application
. After the business entity's determination to proceed with a pre-application, the business entity, or its authorized representative, will be provided with a pre-application. A pre-application may be completed by the business entity or an authorized representative of the business entity, such as an economic development or local government representative. A pre-application must detail the following: (3-31-22)
a. A complete description of the proposed project and the estimated economic benefit that will accrue to the state as a result of the project; (3-31-22)
b. A statement of dependency explaining whether the project will occur or how it will be altered if the application is denied by the council; (3-31-22)
c. A letter from the city or county, or both, expressing a commitment to supply community contribution; (3-31-22)
d. Detailed description of the proposed capital investment; (3-31-22)
e. Detailed description of jobs to be created, an approximation of the number of such jobs to be created and the projected wages to be paid for such jobs; and (3-31-22)
f. Detailed description of the estimated new state tax revenues by tax to be generated by the project. (3-31-22)
Idaho Administrative Code › Title IDAPA 28 - Commerce, Department of › Rule 28.04.01 - RULES GOVERNING THE IDAHO REIMBURSEMENT INCENTIVE ACT › Section 28.04.01.160 - CONFLICT OF INTEREST

Current through August 31, 2023
Conflict of Interest is defined by Idaho's Office of the Attorney General as any official action or any decision or recommendation by a person acting in a capacity as a public official, the effect of which would be to the private pecuniary benefit of the person or member of the person's household, or a business with which the person or a member of the person's household is associated. In the event Department staff, including the Director has a conflict of interest regarding an application, the conflict must be fully disclosed to the Director and the Council, and that person must abstain from decision making or evaluation of the application. In the event a Council member has a conflict of interest regarding an application, the Council member must fully disclose such conflict to the Director and the Council, and that Council member must abstain from discussing or voting on the application. (3-31-22)
Idaho Administrative Code › Title IDAPA 28 - Commerce, Department of › Rule 28.04.01 - RULES GOVERNING THE IDAHO REIMBURSEMENT INCENTIVE ACT › Section 28.04.01.170 - AGREEMENTS

Current through August 31, 2023
01.
Incentive Agreement
. At the direction of the Council, and in accordance with the criteria established by these rules, the Director enters into an incentive agreement with the business entity. (3-31-22)
02.
Agreement Terms Defined
. The incentive agreement contains any terms as approved by the Council, or deemed necessary by the state Deputy Attorney General, as well as defines the following: (3-31-22)
a. Maximum term that is not to exceed fifteen (15) years; (3-31-22)
b. Projected new state revenues to be generated during the term; (3-31-22)
c. Method and recordkeeping requirements to determine projected new state revenue to be generated; (3-31-22)
d. The approved tax credit percentage applied to new state revenue each year the business entity is entitled to receive the reimbursement during the term of the meaningful project; (3-31-22)
e. The projected new jobs; (3-31-22)
f. The terms and conditions of any and all performance requirements and measurements that must be met prior to the issuance of a tax credit authorization; (3-31-22)
g. The agreed upon and necessary proof of compliance required prior to tax credit issuance. Proof of compliance provided by the business entity must be adequate to demonstrate to the director that all requirements and measurements have been met for the business entity to receive the tax credit; (3-31-22)
h. The consequences of default by the business entity; (3-31-22)
i. The period to be used to determine the taxes paid at the date of application; (3-31-22)
j. Identification of any individual or entity included within the application that is entitled to a rebate pursuant to section  63-3641, Idaho Code, or is required to obtain a separate seller's permit pursuant to Chapter 36, Title 63, Idaho Code. (3-31-22)
k. The federal employer identification or social security number for each individual or entity stated as the business entity in the incentive agreement; and (3-31-22)
l. Identification of the individual or entity that is or will be claiming the refundable credit. (3-31-22)
Idaho Administrative Code › Title IDAPA 28 - Commerce, Department of › Rule 28.04.01 - RULES GOVERNING THE IDAHO REIMBURSEMENT INCENTIVE ACT › Section 28.04.01.180 - TAX CREDIT AUTHORIZATION

Current through August 31, 2023
01.
Claiming Tax Credit
. No business entity may claim a tax credit unless the business entity has a tax credit authorization issued by the Department. A business entity may claim a tax credit on its tax return, in the amount listed on the tax credit authorization for the year listed on the tax credit authorization. (3-31-22)
02.
Duplicate Copy
. The Department must provide a duplicate copy of any tax credit authorization to the Tax Commission. (3-31-22)
Idaho Administrative Code › Title IDAPA 28 - Commerce, Department of › Rule 28.04.01 - RULES GOVERNING THE IDAHO REIMBURSEMENT INCENTIVE ACT › Section 28.04.01.190 - ANNUAL REPORTING BY APPLICANT

Current through August 31, 2023
Required Annual reporting must be outlined in the incentive agreement and will include, but not be limited to, the following: (3-31-22)
01.
New State Revenues
. Supporting documentation of the new state revenues from the business entity's new project that were paid during the preceding calendar year. (3-31-22)
02.
New Jobs Created
. Supporting documentation of the new jobs that were created during the preceding tax year and the corresponding payroll information associated with the new jobs. (3-31-22)
03.
Known or Expected Detriments
. Known or expected detriments to the environment or existing industries in the state. (3-31-22)
04.
Authorization Document
. A document that expressly directs and authorizes the Tax Commission and Department of Labor to allow the Department access to the business entity's returns, filings and other information that may be necessary to verify or otherwise confirm the declared new state revenues, the new jobs and the associated payroll information. (3-31-22)
05.
Tax Commission Letter
. A letter from the Idaho State Tax Commission confirming that the business entity is in good standing in the state of Idaho and is not in unresolved arrears in the payment of any state tax or fee administered by the tax commission. (3-31-22)
06.
Other Entitle to Rebate
. Identification of any individual or entity included within the application that is entitled to a rebate pursuant to section  63-3641  or  63-4408, Idaho Code, or is required to obtain a separate seller's permit pursuant to Chapter 36, Title 63, Idaho Code. (3-31-22)
07.
Supporting Documentation
. Supporting documentation that the business entity has satisfied the measurements and requirements outlined in the incentive agreement. (3-31-22)
Idaho Administrative Code › Title IDAPA 28 - Commerce, Department of › Rule 28.04.01 - RULES GOVERNING THE IDAHO REIMBURSEMENT INCENTIVE ACT › Section 28.04.01.191 - ANNUAL REPORTING BY DEPARTMENT

Current through August 31, 2023
The Department must create an annual written report for the Governor and the Legislature describing the following: (3-31-22)
01.
Successes
. The Department's success under this act in attracting new jobs; (3-31-22)
02.
Estimated Tax Credit Commitments
. The estimated amount of tax credit commitments made by the Department and the period of time over which tax credits will be paid; (3-31-22)
03.
Economic Impact to State
. The economic impact to the state related to generating new state revenue and providing tax credits under this act; (3-31-22)
04.
Estimated Costs and Benefits
. The estimated costs and economic benefits of the tax credit commitments that the Department made; and (3-31-22)
05.
Actual Costs and Benefits
. The actual costs and economic benefits of the tax credit commitments the Department made. (3-31-22)
06.
Submittal of Report
. The report must be submitted to the Office of the Governor and the appropriate legislative committee chairmen in a timely manner following the close of the state's fiscal year. (3-31-22)
Idaho Administrative Code › Title IDAPA 28 - Commerce, Department of › Rule 28.04.01 - RULES GOVERNING THE IDAHO REIMBURSEMENT INCENTIVE ACT › Section 28.04.01.200 - AUDIT

Current through August 31, 2023
The Department must arrange for an independent third-party audit annually pursuant to Chapter 47, Title 67, Idaho Code. The Department must consider any audit recommendations provided during the audit and implement changes as necessary as a result of those recommendations. (3-31-22)
Idaho Administrative Code › Title IDAPA 28 - Commerce, Department of › Rule 28.04.01 - RULES GOVERNING THE IDAHO REIMBURSEMENT INCENTIVE ACT › Section 28.04.01.210 - CONTINUATION OF TAX CREDIT

Current through August 31, 2023
The Department will review the business entity's annual report. Provided the business entity provides a reasonable justification for authorizing or continuing a tax credit, the Department determines the amount of the tax credit to be granted, issue a tax credit authorization to the business entity, and provide a duplicate copy of the tax credit authorization to the Tax Commission. The amount of the tax credit to be continued must be in accordance with the credit percentages specified in the incentive agreement. The TRI will not be extended beyond the term and length specified in the incentive agreement. (3-31-22)
Idaho Administrative Code › Title IDAPA 28 - Commerce, Department of › Rule 28.04.01 - RULES GOVERNING THE IDAHO REIMBURSEMENT INCENTIVE ACT › Section 28.04.01.211 - TERMINATION OR SUSPENSION OF TAX CREDIT

Current through August 31, 2023
During the term of the project for each business entity, the Department will review the business entity's annual report. If the information provided is inadequate or inaccurate to provide a reasonable justification for authorizing or continuing a tax credit, the Department may: (3-31-22)
01.
Denial of Tax Credit.
Deny the tax credit for that tax year; or (3-31-22)
02.
Termination of Agreement
. Terminate the incentive agreement for failure to meet the performance standards established in accordance with the terms outlined in the incentive agreement; or (3-31-22)
03.
Request for Additional Documentation
. Request the business entity to submit additional documentation. (3-31-22)
Idaho Administrative Code › Title IDAPA 29 - Potato Commission, Idaho › Rule 29.01.01 - RULES OF THE IDAHO POTATO COMMISSION › Section 29.01.01.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. The title of this chapter is IDAPA 29.01.01, "Rules of the Idaho Potato Commission." (3-31-22)
02.
Scope
. These rules govern payment of taxes to the Idaho Potato Commission (the Commission); records to be kept by growers, dealers, handlers, shippers, processors, container manufacturers, and out-of-state repackers of Idaho® potatoes; use of Certification Marks and Trademarks owned or administered by the Commission; branding of individual potatoes, state brand grade and packing requirements, reporting, labeling and revocation, and additional labeling requirements. These rules govern all procedure before the Idaho Potato Commission (the Commission). (3-31-22)
Idaho Administrative Code › Title IDAPA 29 - Potato Commission, Idaho › Rule 29.01.01 - RULES OF THE IDAHO POTATO COMMISSION › Section 29.01.01.003 - ADMINISTRATIVE PROCEEDINGS AND APPEALS

Current through August 31, 2023
Administrative proceedings and appeals are administered by the Commission in accordance with the "Idaho Rules of Administrative Procedure of the Attorney General." IDAPA 04.11.01, Subchapter B - Contested Cases, Sections  100  through  800, which for the purpose of Section  22-1201  et seq., Idaho Code, will be known as Rules of Practice and Procedure of the Idaho Potato Commission Governing Contested Cases. Whenever these rules address the same subject matter as IDAPA 04.11.01, the specific provisions of these rules govern. There are no provisions for administrative appeals within the Commission under these rules of procedure, except that under Sections  202  and  203  a presiding officer may in the presiding officer's discretion refer a ruling on evidence or a motion to the full Commission. (3-31-22)
Idaho Administrative Code › Title IDAPA 29 - Potato Commission, Idaho › Rule 29.01.01 - RULES OF THE IDAHO POTATO COMMISSION › Section 29.01.01.010 - DEFINITIONS

Current through August 31, 2023
The terms defined in Section  22-1204, Idaho Code, apply to this chapter. In addition, the following terms are defined as follows: (3-31-22)
01.
Primary Channel of Trade
. Potatoes are deemed to be delivered for shipment into the primary channel of trade when any such potatoes are sold or delivered for shipment, or delivered for canning and/or processing into by-products. (3-31-22)
Idaho Administrative Code › Title IDAPA 29 - Potato Commission, Idaho › Rule 29.01.01 - RULES OF THE IDAHO POTATO COMMISSION › Section 29.01.01.102 - CERTIFICATION MARKS FOR IDAHO®POTATO CONTAINERS

Current through August 31, 2023
01.
Containers
. All potatoes grown in Idaho and packed or repacked in containers in or outside of the state of Idaho shall be in containers printed, labeled or stenciled in a plain and legible manner with one (1) of the Commission's registered Certification Marks, and a "GROWN IN IDAHO®" Certification Mark. An exact reproduction of the Commission's Certification Marks appears in appendix A. Certification Marks may not be stamped on any Idaho® potato container without a temporary written variance. No container may use a "Check Off" box format for state of origin. All containers must use Idaho specific approved produce code identification numbers, where the same have been obtained and approved. No container of Idaho® potatoes or potato products may be manufactured or used without prior written approval of the Commission or its employee. No Seal, Trademark, Certification Mark, brand, or similar device used to promote potatoes not grown in Idaho can be placed on a container. (3-31-22)
a. Upon written application, the Idaho Potato Commission may grant a variance from these rules for special purpose shipments for charity, certified seed, experimentation and processing. If a variance is granted, the applicant shall comply with all terms and conditions of such variance. If applicable, the application shall be accompanied by a valid Certificate of Privilege issued by the Idaho and Eastern Oregon Potato Committee, and the applicant shall furnish copies of all of the reports required by the Idaho and Eastern Oregon Potato Committee to the Idaho Potato Commission. (3-31-22)
Idaho Administrative Code › Title IDAPA 29 - Potato Commission, Idaho › Rule 29.01.01 - RULES OF THE IDAHO POTATO COMMISSION › Section 29.01.01.103 - BRANDING, AND GRADE AND PACKAGING REQUIREMENTS OF STATE BRAND

Current through August 31, 2023
01.
Branding or Marking of Individual IDAHO® Potatoes
. (3-31-22)
a. Idaho® potatoes are considered to be branded when they are individually marked or identified as such. The methods of branding shall include: marking of individual potatoes by ink, heat, light, labeling, stickering, or puncturing and such other methods as may from time to time be authorized by the Idaho Potato Commission. (3-31-22)
b. The certification mark "Idaho®" shall be one (1) inch in length and one-quarter (1/4) inch in height unless prior Idaho Potato Commission written approval is secured and granted for any variance. (3-31-22)
c. The purchase or the leasing or use of branding machines shall be entirely voluntary. (3-31-22)
d. There are no limitations on the size and type of containers in which branded potatoes may be packed as long as they meet the licensing requirements of Section  102. (3-31-22)
e. Grade for branding shall be U.S. No. 1 or better (as defined in the U.S. Standards effective March 27, 1991) and not less than two (2) inches in diameter or four (4) ounces in weight. (3-31-22)
f. Only Certification Marks owned or administered by the Idaho Potato Commission may be branded on potatoes grown in Idaho unless prior Idaho Potato Commission approval in writing is secured and granted for the use of additional words or designs. (3-31-22)
g. The operation of branding the word "Idaho®" upon potatoes may be carried on only by licensees of the Idaho Potato Commission, and only upon such terms and conditions that will insure that only Idaho grown potatoes are branded as such. (3-31-22)
h. All varieties of potatoes grown in Idaho may be so branded. (3-31-22)
i. No person, firm, or corporation may brand the word "Idaho®" on potatoes or sell machinery for the purpose of branding potatoes with any of the Idaho certification marks unless granted the right to do so by written agreement with the Idaho Potato Commission. (3-31-22)
j. Branded potatoes must use Idaho specific, approved produce code identification numbers, where the same have been obtained and approved. (3-31-22)
k. On all branded potatoes using a standard size sticker, the Certification Mark "Idaho® Potatoes" shall be printed in eight (8) point type and the Certification Mark "Grown in Idaho®" shall be printed with a minimum height of eight point one hundred twenty-nine (8.129) mm and minimum width of five point thirty-seven (5.37) mm. (3-31-22)
Idaho Administrative Code › Title IDAPA 29 - Potato Commission, Idaho › Rule 29.01.01 - RULES OF THE IDAHO POTATO COMMISSION › Section 29.01.01.104 - REPORTING, LABELING, AND REVOCATION

Current through August 31, 2023
01.
Reporting of Fresh Shipments of Potatoes
. (3-31-22)
a. Growers, dealers, handlers, and shippers of Idaho® potatoes are required to report shipments of all fresh Idaho grown potatoes giving information as to weight, packaging, and type of receiver. Reporting forms will be furnished for this information by the Idaho Potato Commission. All information received will be kept in strictest confidence as to individual shipments. (3-31-22)
b. The purpose of this information is to provide the Idaho Potato Commission with information concerning fresh potato sales in geographical marketing areas receiving Idaho® grown potatoes to enable it to design and evaluate advertising and marketing programs. (3-31-22)
Idaho Administrative Code › Title IDAPA 29 - Potato Commission, Idaho › Rule 29.01.01 - RULES OF THE IDAHO POTATO COMMISSION › Section 29.01.01.105 - ADDITIONAL LABELING REQUIREMENTS, POTATOES

Current through August 31, 2023
01.
Disclosure of Geographic Growing Area of Origin upon Potato Containers
. All persons doing business in the state of Idaho are required to disclose the growing area of origin upon all potato containers in accordance with this rule and Section  22-1207, Idaho Code. For purposes of these rules, doing business in the state of Idaho means the doing of any of the acts which would subject a person to the jurisdiction of the courts of this state or defined in Section  5-514, Idaho Code. (3-31-22)
02.
Compliance for Idaho Grown Potatoes
. For potatoes "Grown in Idaho®," this rule is complied with by meeting the requirements of Section  102. (3-31-22)
03.
Compliance for Private Brands or Labels That Reference Idaho Locations
. Private brands or labels of containers that reference an Idaho location, geographical feature, or otherwise attempt to imply directly or indirectly that a container of potatoes contains potatoes grown in Idaho when in fact such is not the case are prohibited. (3-31-22)
04.
Compliance for Private Brands or Labels That Do Not Reference Idaho Locations
. Private brands or labels that do not reference an Idaho location, geographical feature, or otherwise attempt to imply directly or indirectly that a container of potatoes contains potatoes grown in Idaho when in fact such is not the case, but only have an Idaho address on the container, are permitted when approved by the commission or its designee. This rule is complied with by private brands or labels that: (3-31-22)
a. Meet the requirements of Subsection  104.02.c.; (3-31-22)
b. State the geographical state of origin of the potatoes followed by the word "potatoes"; and (3-31-22)
c. The lettering size of the Idaho address on the container does not exceed one-half (1/2) inch for containers fifty (50) pounds or greater and one-quarter (1/4) inch for containers less than fifty (50) pounds. For example, for potatoes grown in the state of Washington, the phrase "Washington potatoes" would comply with these rules. The use of the words "Grown in" preceding the state of origin is prohibited. (3-31-22)
Idaho Administrative Code › Title IDAPA 29 - Potato Commission, Idaho › Rule 29.01.01 - RULES OF THE IDAHO POTATO COMMISSION › Section 29.01.01.106 - ADDITIONAL REQUIREMENTS FOR USE OF TRADEMARKS

Current through August 31, 2023
01.
Marks
. No person is permitted to use any trademark owned or administered by the Commission unless authorized to do so pursuant to a license agreement entered into with the Commission. (3-31-22)
02.
Agreement
. Trademarks owned or administered by the Commission may be licensed for use as permitted under federal and state law and as authorized by the Commission. (3-31-22)
03.
Royalty Fees
. In addition to license fees, the Commission may set royalty fees for the use of trademarks. (3-31-22)
04.
Reproductions
. Exact reproductions of the trademarks owned or administered by the Commission are set forth in Appendix C of these rules. (3-31-22)
Idaho Administrative Code › Title IDAPA 29 - Potato Commission, Idaho › Rule 29.01.01 - RULES OF THE IDAHO POTATO COMMISSION › Subchapter A - RULES OF PROCEDURE › Section 29.01.01.200 - INFORMAL FILES MAY BE INVESTIGATIVE RECORDS

Current through August 31, 2023
Files created by the Commission and its staff in response to informal inquiries or complaints are investigatory records within the meaning of Sections  74-101(6)   and  74-107(16), Idaho Code, are generally exempt from disclosure according to the standards of Sections  74-101  through  74-108, Idaho Code, but are available under Section  74-113, Idaho Code, to the customer, applicant, licensee, etc., that are the subjects of the investigation. (3-31-22)
Idaho Administrative Code › Title IDAPA 29 - Potato Commission, Idaho › Rule 29.01.01 - RULES OF THE IDAHO POTATO COMMISSION › Subchapter A - RULES OF PROCEDURE › Section 29.01.01.201 - SUBPOENAS

Current through August 31, 2023
01.
Issuance of Subpoenas
. Upon a motion in writing, or upon a Commissioner's own initiative without motion, any Commissioner or the Commission's Secretary may issue subpoenas: (3-31-22)
a. Requiring the attendance of a witness from any place in Idaho; (3-31-22)
b. The production of documents from any place in Idaho; or (3-31-22)
c. The production of any books, accounts, papers, or records of a licensee kept within or without Idaho to any designated place of deposition, hearing, or investigation for the purpose of taking testimony or examining documents before the Commission, a Commissioner or hearing examiner. (3-31-22)
Idaho Administrative Code › Title IDAPA 29 - Potato Commission, Idaho › Rule 29.01.01 - RULES OF THE IDAHO POTATO COMMISSION › Subchapter A - RULES OF PROCEDURE › Section 29.01.01.202 - RULINGS AT HEARINGS

Current through August 31, 2023
The presiding officer rules on motions presented at hearing. The presiding officer's rulings may be reviewed by the full Commission in determining the matter on its merits. In extraordinary circumstances, the presiding officer may refer or defer these matters to the full Commission for determination. (3-31-22)
Idaho Administrative Code › Title IDAPA 29 - Potato Commission, Idaho › Rule 29.01.01 - RULES OF THE IDAHO POTATO COMMISSION › Subchapter A - RULES OF PROCEDURE › Section 29.01.01.203 - OBJECTIONS - OFFERS OF PROOF

Current through August 31, 2023
Grounds for objection to the admission or exclusion of evidence must be stated briefly at the time the evidence is offered. Formal exceptions to rulings admitting or excluding evidence are unnecessary and need not be taken. An offer of proof for the record consists of a statement of the substance of the excluded evidence. When a party objects to the admission of evidence, the presiding officer will rule on the objection or the presiding officer may receive the evidence subject to the later ruling by the full Commission or refer to the matter to the full Commission. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter A - GENERAL PROVISIONS › Section 31.01.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
These rules are adopted under the general legal authority of
				  the Public Utilities Law, Chapters 1 through 7, Title 61, Idaho Code. Chapters
				  8 through 10, 13, 15 through 17, Title 61, Idaho Code; Chapters 3 and 4, Title
				  62, Idaho Code; the Telecommunications Act of 1988, as amended, Chapter 6,
				  Title 62; Chapters 12 and 13, Title 62, Idaho Code; and the particular
				  authority of Sections
				  56-904,
				  61-304 through
				  61-309,
				  61-501 through
				  61-505,
				  61-507,
				  61-516,
				  61-538,
				  61-541,
				  61-601 through
				  61-607,
				  61-610 through
				  61-619,
				  61-621 through
				  61-626,
				  61-803 through
				  61-806,
				  61-902 through
				  61-905,
				  61-909,
				  61-1003 through
				  61-1005,
				  61-1007,
				  61-1305,
				  61-1306,
				  61-1603 through
				  61-1607,
				  61-1703 through
				  61-1709,
				  62-304,
				  62-305,
				  62-424,
				  62-602 through
				  62-616A,
				  62-619,
				  62-622,
				  62-622A,
				  62-1201 through
				  62-1207,
				  62-1303,
				  62-1304,
				  63-3029I, and
				  67-6528, Idaho Code.
				  (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter A - GENERAL PROVISIONS › Section 31.01.01.001 - TITLE AND SCOPE

Current through August 31, 2023
The name of this chapter is "Rules of Procedure of the Idaho
				  Public Utilities Commission." This chapter has the following scope: These rules
				  govern all procedure before the Idaho Public Utilities Commission (the
				  Commission). (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter A - GENERAL PROVISIONS › Section 31.01.01.002 - WRITTEN INTERPRETATIONS - AGENCY GUIDELINES

Current through August 31, 2023
Written interpretations to these rules can be obtained from
				  the Commission Secretary. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter A - GENERAL PROVISIONS › Section 31.01.01.003 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
There are no provisions for administrative appeals within the
				  Commission under these rules, except that under Rules
				  253 and
				  265 a presiding officer may, in the
				  presiding officer's discretion refer a ruling on evidence or a motion to the
				  full Commission. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter A - GENERAL PROVISIONS › Section 31.01.01.004 - PUBLIC RECORDS ACT COMPLIANCE

Current through August 31, 2023
Except as provided by statute and Rules
				  26,
				  67,
				  233, and
				  287, all materials filed with or
				  issued by the Commission under these rules are public documents subject to
				  inspection, examination and copying. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter A - GENERAL PROVISIONS › Section 31.01.01.005 - DEFINITIONS

Current through August 31, 2023
Terms of art in these rules are defined within the rules
				  themselves. Other terms are defined in Chapter 1, Title 61, Idaho Code, and
				  Section 62-603, Idaho Code.
				  (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter A - GENERAL PROVISIONS › Section 31.01.01.010 - THESE RULES SUPERSEDE THE ATTORNEY GENERAL'S RULES OF PROCEDURE

Current through August 31, 2023
These rules are affirmatively promulgated to supersede the
				  Idaho Rules of Administrative Procedure of the Attorney General, IDAPA
				  04.11.01.000 et seq. The Attorney General's Idaho Rules of Administrative
				  Procedure do not apply to Commission proceedings. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter A - GENERAL PROVISIONS › Section 31.01.01.011 - PROCEEDINGS GOVERNED

Current through August 31, 2023
Rules
				  11 through
				  356 govern Commission procedure in
				  investigations, contested cases, licensing, rulemaking, and other matters
				  specifically addressed by these rules, unless otherwise directed by the
				  Commission. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter A - GENERAL PROVISIONS › Section 31.01.01.012 - OFFICE - OFFICE HOURS - FAX NUMBER - MAILING, ELECTRONIC AND STREET ADDRESSES - DROP BOX

Current through August 31, 2023
The Commission's office is in Boise, Idaho. This office is
				  open from 8 a.m. to 5 p.m., except Saturday, Sunday and legal holidays. The
				  Commission's telephone number is (208) 334-0300. The hearing or speech impaired
				  may reach the Commission through the Idaho Telecommunications Relay Service by
				  dialing 711. The Commission has no drop box for filing documents after the
				  close of business. (3-31-22)
01.
Fax Number, Mailing and Street Addresses, and Email
. The
				Commission's FAX number is (208) 334-3762. The Commission's mailing address is:
				Idaho Public Utilities Commission, PO Box 83720, Boise, Idaho 83720-0074. The
				Commission's street address is: 11331 W. Chinden Blvd, Bldg 8, Suite 201-A,
				Boise, Idaho 83714. The Commission's email address is secretary@puc.idaho.gov.
				All documents filed in all proceedings must be filed with the Commission at one
				(1) of these addresses. (3-31-22)
02.
Internet Homepage
. The
				Commission's webpage is
http://www.puc.idaho.gov
.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter A - GENERAL PROVISIONS › Section 31.01.01.013 - LIBERAL CONSTRUCTION (RULE 13)

Current through August 31, 2023
These rules will be liberally construed to secure just,
				  speedy and economical determination of all issues presented to the Commission.
				  Unless prohibited by statute, the Commission may permit deviation from these
				  rules when it finds compliance with them is impracticable, unnecessary or not
				  in the public interest. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter A - GENERAL PROVISIONS › Section 31.01.01.014 - COMMISSION SECRETARY - COMMUNICATIONS WITH COMMISSION

Current through August 31, 2023
01.
The Commission Secretary
.
				The Commission Secretary is the custodian of the Commission's public records
				and is responsible for service of all orders and notices and of all complaints
				filed with the Commission. Unless otherwise directed by order, the Commission
				Secretary issues the Commission's official notices. All written communications
				and documents that are intended to be part of an official Commission record
				(other than a hearing record) must be filed with the Commission Secretary.
				(3-31-22)
02.
Timely
				Filing
. Unless otherwise provided by statutes, these rules, order or
				notice, documents are considered filed when received by the Commission
				Secretary, not when mailed or otherwise transmitted. (3-31-22)
03.
Case Information
.
				Information concerning proceedings before the Commission or the status of any
				matter before the Commission is available from the Commission Secretary or the
				Commission's Internet homepage. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter A - GENERAL PROVISIONS › Section 31.01.01.015 - IDENTIFICATION OF COMMUNICATIONS

Current through August 31, 2023
Parties' communications pertaining to a case must be written
				  under that case caption and case number. General communications by other
				  persons should refer to case captions, case numbers, permit numbers, or the
				  like, if this information is known. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter A - GENERAL PROVISIONS › Section 31.01.01.016 - SERVICE BY COMMISSION - DESIGNATION OF AGENT

Current through August 31, 2023
The Commission Secretary serves all notices, orders,
				  summonses, and complaints issued by the Commission or by the Secretary.
				  (3-31-22)
01.
Service of Orders
				and Notices
. All notices and orders served by the Commission may be
				served by email. Notices and orders may also be served by United States mail in
				cases designated by the Commission. Unless otherwise provided by statute, these
				rules, order or notice, service of orders and notices is complete when a copy,
				properly addressed and stamped, is either deposited in the United States mail
				or transmitted electronically. All orders and notices shall be affixed with the
				Commission Secretary's official service date on the first page. The Commission
				Secretary will serve all orders and notices in a proceeding on the
				representatives of each party designated under Rule
				41 for that proceeding and upon
				other persons designated by these rules or by the Commission or any
				Commissioner. (3-31-22)
02.
Service of Summonses and Complaints
. The Commission Secretary will serve
				complaints against utilities upon the person designated for that purpose by the
				utility. Summonses and complaints directed to regulated utilities or other
				persons shall be served by registered or certified mail. Writs of summons or
				subpoena and warrants of attachments directed to all other persons must be
				served by a person authorized to serve process by statute or by the Idaho Rules
				of Civil Procedure. (3-31-22)
03.
Designation of Agent for Service
. All utilities shall designate a
				person as their agent to be served with summons and complaints. Utilities shall
				be responsible for maintaining on file with the Commission Secretary the
				current name, mailing address and e-mail address of the person designated as
				the agent to receive service. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter A - GENERAL PROVISIONS › Section 31.01.01.017 - COMPUTATION OF TIME

Current through August 31, 2023
Whenever statute, these or other rules, order, or notice
				  requires an act to be done within a certain number of days of a given day, the
				  given day is not included in the count. If the day the act must be done is a
				  Saturday, Sunday or legal holiday, the act may be done on the first day
				  following that is not a Saturday, Sunday or legal holiday. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter A - GENERAL PROVISIONS › Section 31.01.01.018 - PAYMENT OF FEES AND REMITTANCES

Current through August 31, 2023
01.
Payments
. Fees and remittances to the Commission must be paid by money
				order, bank draft or check payable to "Idaho Public Utilities Commission."
				Remittances in currency or coin are wholly at the remitter's risk, and the
				Commission assumes no responsibility for their loss. (3-31-22)
02.
Annual Regulatory Fees
.
				Utilities and railroads shall pay their annual special regulatory fees as
				required by Chapter 10, Title 61 and Section
				62-611, Idaho Code. Utilities and
				railroads that fail to pay their special regulatory fees and, are no longer
				conducting business in Idaho, may be administratively removed from the list of
				utilities and railroads subject to the annual regulatory fee.
				(3-31-22)