Idaho Administrative Code › Title IDAPA 39 - Transportation, Department of › Rule 39.02.03 - RULES GOVERNING VEHICLE DEALER'S PRINCIPAL PLACE OF BUSINESS AND CLAIMS TO THE IDAHO CONSUMER ASSET RECOVERY FUND › Section 39.02.03.200 - IDAHO CONSUMER ASSET RECOVERY FUND CONTROL BOARD ADMINISTRATION

Current through August 31, 2023
01. Quorum. A majority of the members of the
			 Idaho Consumer Asset Recovery Control (ICAR) Board established pursuant to
			 Section 49-1608C, Idaho Code, constitutes
			 a quorum. A quorum is required for voting on any ICAR claims. The ICAR Board
			 chairman presides over ICAR Board meetings. The ICAR Board operates in
			 compliance with Idaho open meeting laws. (3-31-22)
02.
Voting
. All members of the
			 ICAR Board constituting the quorum are entitled to vote in consideration of any
			 payment of a claim pursuant to Section
			 49-1608F, Idaho Code.
			 (3-31-22)
03.
Actual Loss or
			 Damages
. As provided for in Section
			 49-1608E, Idaho Code, "actual loss
			 or damages", means: The total cost to the purchaser, as set forth in a final
			 judgement, of the loss directly resulting in a violation, by a dealer, of the
			 provisions of Title 48, Chapter 5 or Title 49, Chapter 5 or Section
			 49-1418, Idaho Code; including
			 such things as repairs, inspections and loss of resale value. The term includes
			 the attorney fees and costs in bringing suit against the dealer, and includes
			 pre-judgement, but not post-judgement interest. "Actual Loss or Damages" shall
			 not include such things as treble damages, expectation damages nor
			 consequential damages resulting from dealer fraud. (3-31-22)
04.
Complete and Complaint
			 Claims
. All ICAR claims will be initiated by filing the complete claim
			 with the Idaho Transportation Department DMV Administrator. When a proper ICAR
			 claim has been received, staff will review the claim for completeness and
			 compliance with these rules and the provisions of Title 49, Chapter 16, Idaho
			 Code. If the claim is complete and in compliance with statute and these rules,
			 the ICAR Board will send notification per Section
			 49-1608F(5),
			 Idaho Code, to the subject vehicle dealer with a demand that the dealer satisfy
			 the judgement within thirty (30) days. (3-31-22)
a. Should the dealer fail to satisfy the
			 judgment within thirty (30) days of notice from the ICAR Board, staff will
			 provide the ICAR Board and the claimant a staff-recommended amount of the
			 claim. If the claimant agrees with the staff-recommended payment amount, the
			 ICAR Board will issue a final order either adopting or rejecting the staff
			 recommended claim payment amount. (3-31-22)
b. Should the claimant disagree with the
			 proposed amount to be paid on the claim, the claimant may request an
			 administrative hearing under the provisions of Title 67, Chapter 52, Idaho
			 Code, within 10 business days of receipt of notification. The department will
			 appoint a qualified hearing officer to hear the claim, take testimony and
			 review evidence; and issue findings of fact, conclusions of law and provide a
			 recommended order. (3-31-22)
c.
			 Upon receipt of the recommended order from the hearing officer, the ICAR Board
			 will issue a final order either adopting or rejecting the hearing officer's
			 recommendation of the claim payment amount. (3-31-22)
d. Final orders of the ICAR Board may be
			 subject to judicial review under the provision of Title 67, Chapter 52, Idaho
			 Code. (3-31-22)