reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.08 - RULES PURSUANT TO THE UNIFORM SECURITIES ACT (2004) › Section 12.01.08.084 - CROSS-BORDER LICENSING EXEMPTION

Current through August 31, 2023
By authority delegated to the Administrator in Section
				30-14-401(d),
				Idaho Code, a Canadian broker-dealer meeting all of the following conditions is
				determined to be exempt from the registration requirement in Section
				30-14-401(a),
				Idaho Code: (3-23-22)
01.
Canadian Broker-Dealer
. The broker-dealer is registered in Canada,
			 does not have an office or other physical presence in this state, and is not an
			 office or branch of a broker-dealer domiciled in the United States.
			 (3-23-22)
02.
Registered
			 Broker-Dealer
. The broker-dealer is registered with or a member of a
			 Canadian self-regulatory organization, stock exchange, or the Bureau des
			 Services Financiers and maintains that registration or membership in good
			 standing. (3-23-22)
03.
Customers
. The broker-dealer and its agents effect transactions in
			 securities with or for, or induce or attempt to induce the purchase or sale of
			 any security by: (3-23-22)
a. An individual
			 from Canada that temporarily resides or is temporarily present in this state
			 and with whom the broker-dealer had a bona fide broker-dealer-customer
			 relationship before the individual entered the United States; or
			 (3-23-22)
b. An individual present
			 in this state whose transactions relate to a self-directed, tax advantaged
			 Canadian retirement plan of which the individual is the holder or contributor.
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.08 - RULES PURSUANT TO THE UNIFORM SECURITIES ACT (2004) › Section 12.01.08.085 - RELICENSING (FORMERLY TEMPORARY AGENT TRANSFER (TAT) SYSTEM)

Current through August 31, 2023
01.
Relicensing Agents
. Transfer
			 of agents from one broker-dealer to another shall be effected pursuant to, and
			 in accordance with, the NASAA/CRD relicense program which allows for an
			 automatic temporary license. (3-23-22)
02.
Relicensing Investment Adviser
			 Representatives
. Transfer of investment adviser representatives from one
			 (1) investment adviser to another shall be effected pursuant to, and in
			 accordance with, the NASAA/CRD relicense program which allows for an automatic
			 temporary license. (3-23-22)
03.
Temporary License Expiration
. An agent or investment adviser
			 representative may not transact business in Idaho after the expiration of a
			 temporary license unless a permanent license has been issued. In all cases, the
			 Administrator retains the right to deny, suspend, or revoke a temporary license
			 for the causes listed in Section
			 30-14-412, Idaho Code.
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.08 - RULES PURSUANT TO THE UNIFORM SECURITIES ACT (2004) › Section 12.01.08.086 - AGENT TERMINATION

Current through August 31, 2023
Termination notice pursuant to the requirements of Section
				30-14-408, Idaho Code, shall be
				given by filing within thirty (30) calendar days of termination, a completed
				Form U-5. For agents terminating registration with a FINRA member, such notice
				shall be filed with the CRD. For agents terminating registration with a
				non-FINRA. member, such notice shall be filed with the Department.
				(3-23-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.08 - RULES PURSUANT TO THE UNIFORM SECURITIES ACT (2004) › Section 12.01.08.087 - NET CAPITAL REQUIREMENTS FOR BROKER-DEALERS

Current through August 31, 2023
Every registered broker-dealer shall have and maintain an
				adjusted net capital in compliance with
				17 CFR
				240.15c
								3-1 under the Securities Exchange
				Act of 1934, as currently amended. (3-23-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.08 - RULES PURSUANT TO THE UNIFORM SECURITIES ACT (2004) › Section 12.01.08.088 - RECORDS REQUIRED FOR BROKER-DEALERS

Current through August 31, 2023
01.
Required
			 Books and Records
. Unless otherwise provided by order of the SEC, each
			 broker-dealer registered or required to be registered under the Act shall make,
			 maintain and preserve books and records in compliance with the SEC rules
			 17a-3 (17 CFR 240.17a-3),
			 17a-4 (17 CFR
			 240.17a-4), 15g-9 (17 CFR 240.15g-9) and
			 15c2-11 (17 CFR
			 240.15c
								2-11), which are adopted and
			 incorporated by reference. (3-23-22)
02.
Compliance
. To the extent
			 that the SEC promulgates changes to the above referenced rules, broker-dealers
			 in compliance with such rules as amended are not subject to enforcement action
			 by the Department for violation of this rule to the extent that the violation
			 results solely from the broker-dealer's compliance with the amended rule.
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.08 - RULES PURSUANT TO THE UNIFORM SECURITIES ACT (2004) › Section 12.01.08.089 - INVESTMENT ADVISER REGISTRATION - APPLICATION/RENEWAL

Current through August 31, 2023
01.
Initial Application
. The
			 application for initial registration as an investment adviser, pursuant to
			 Section 30 -14-406,
			 Idaho Code, shall be made by completing Form ADV which can be found at
			 17 CFR
			 279.1 in accordance with the form
			 instructions and by filing the form with IARD. The application for initial
			 registration shall also include the following: (3-23-22)
a. Proof of compliance by the investment
			 adviser with the examination requirements of Section
			 103 of these rules;
			 (3-23-22)
b. A bond of a surety
			 company duly authorized to transact business in this state, said bond to be in
			 the sum of twenty-five thousand ($25,000) and conditioned upon faithful
			 compliance with the provisions of the Act by the investment adviser such that
			 upon failure to so comply by the investment adviser, the surety company shall
			 be liable to any and all persons who may suffer loss by reason thereof. Except
			 that an investment adviser that has its principal place of business in a state
			 other than this state shall be excluded from these bonding requirements
			 provided that such investment adviser is registered as an investment adviser in
			 the state where it maintains its principal place of business and is in
			 compliance with such state's bonding or minimum net worth requirements;
			 (3-23-22)
c. A copy of the
			 investment advisory contract to be executed by Idaho clients;
			 (3-23-22)
d. A balance sheet,
			 prepared substantially in accordance with Generally Accepted Accounting
			 Principles, dated as of the investment adviser's prior fiscal year-end;
			 however, if the investment adviser has not been in operation for an entire
			 year, a balance sheet dated within ninety (90) days of filing shall be
			 submitted; (3-23-22)
e. The fee
			 required by Section
			 30-14-410, Idaho Code; and;
			 (3-23-22)
f. Any other information
			 the Department may reasonably require. (3-23-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.08 - RULES PURSUANT TO THE UNIFORM SECURITIES ACT (2004) › Section 12.01.08.090 - INVESTMENT ADVISER REPRESENTATIVE REGISTRATION - APPLICATION/RENEWAL

Current through August 31, 2023
01.
Initial Application
. The
			 application for initial registration as an investment adviser representative
			 pursuant to Section
			 30-14-406, Idaho Code, shall be
			 made by completing Form U-4 in accordance with the form instructions and by
			 filing Form U-4 with CRD. The application for initial registration also shall
			 include the following: (3-23-22)
a. Proof of
			 compliance by the investment adviser representative with the examination
			 requirements of Section
			 103 of these rules; and
			 (3-23-22)
b. The fee required by
			 Section 30-14-410, Idaho Code.
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.08 - RULES PURSUANT TO THE UNIFORM SECURITIES ACT (2004) › Section 12.01.08.091 - WITHDRAWAL OF INVESTMENT ADVISER AND INVESTMENT ADVISER REPRESENTATIVE REGISTRATION

Current through August 31, 2023
01.
Application Withdrawal
. Withdrawal from registration as an
			 investment adviser or investment adviser representative becomes effective
			 thirty (30) days after receipt of an application to withdraw or within such
			 shorter period of time as the Administrator may determine, unless a revocation
			 or suspension proceeding is pending when the application is filed or a
			 proceeding to revoke or suspend or to impose conditions upon the withdrawal is
			 instituted within sixty (60) days after the application is filed. If a
			 proceeding is pending or instituted, withdrawal becomes effective at such time
			 and upon such conditions as the Administrator by order determines. If no
			 proceeding is pending or instituted and withdrawal automatically becomes
			 effective, the Administrator may nevertheless institute a revocation or
			 suspension proceeding under Section
			 30-14-412, Idaho Code, within one
			 (1) year after withdrawal became effective and enter a revocation or suspension
			 order as of the last date on which registration is effective.
			 (3-23-22)
02.
Investment
			 Adviser
. The application for withdrawal of registration as an investment
			 adviser shall be completed by following the instructions on Form ADV-W which
			 can be found at 17 CFR
			 279.2 and filed upon Form ADV-W with IARD.
			 (3-23-22)
03.
Investment
			 Adviser Representative
. The application for withdrawal of registration
			 as an investment adviser representative shall be completed by following the
			 instructions on Form U-5 and filed upon Form U-5 with CRD. (3-23-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.08 - RULES PURSUANT TO THE UNIFORM SECURITIES ACT (2004) › Section 12.01.08.092 - NOTICE FILING REQUIREMENTS FOR FEDERAL COVERED ADVISERS

Current through August 31, 2023
01.
Notice Filing
. The notice
			 filing for a federal covered adviser pursuant to Section
			 30-14-405, Idaho Code, shall be
			 filed with IARD on an executed Form ADV which can be found at
			 17 CFR
			 279.1. A notice filing of a federal covered
			 adviser shall be deemed filed when the fee required by Section 30 -14-410,
			 Idaho Code, and the Form ADV are filed with and accepted by IARD on behalf of
			 the state. (3-23-22)
02.
When
			 Deemed Filed
. The Administrator will deem filed Part 2 of Form ADV if a
			 federal covered adviser provides, within five (5) days of a request, Part 2 of
			 Form ADV to the Administrator. Because the Administrator deems Part 2 of the
			 Form ADV to be filed, a federal covered adviser is not required to submit Part
			 2 of Form ADV to the Administrator unless requested. (3-23-22)
03.
Renewal
. The annual renewal
			 of the notice filing for a federal covered adviser pursuant to Section
			 30-14-405, Idaho Code, shall be
			 filed with IARD. The renewal of the notice filing for a federal covered adviser
			 is deemed filed when the fee required by Section
			 30-14-410 (e), Idaho Code, is
			 filed with and accepted by IARD on behalf of the state. (3-23-22)
04.
Updates and Amendments
. A
			 federal covered adviser must file with IARD, in accordance with the
			 instructions in the Form ADV, any amendments to the federal covered adviser's
			 Form ADV (3-23-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.08 - RULES PURSUANT TO THE UNIFORM SECURITIES ACT (2004) › Section 12.01.08.093 - RECORDS REQUIRED OF INVESTMENT ADVISERS

Current through August 31, 2023
Pursuant to provisions of the Act, every investment adviser
				registered or required to be registered under the Act shall make and keep true,
				accurate and current books and records as listed in
				17 CFR
				275.204-2 under the Investment Advisers Act
				of 1940, as currently amended. (3-23-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.08 - RULES PURSUANT TO THE UNIFORM SECURITIES ACT (2004) › Section 12.01.08.094 - CLIENT CONTRACTS - INVESTMENT ADVISERS

Current through August 31, 2023
01.
Contract
. As used in this rule, "investment advisory contract"
			 means any contract or agreement whereby a person agrees to act as investment
			 adviser or to manage any investment or trading account for a person other than
			 an investment company, as defined in the Investment Company Act of 1940, as
			 amended. (3-23-22)
02.
Contents of Client Contract
. No investment adviser shall enter
			 into, extend, or renew any investment advisory contract, or in any way perform
			 any investment advisory contract entered into, extended, or renewed, after the
			 effective date of this rule, unless such contract is in writing and contains
			 the following: (3-23-22)
a. Provides that an
			 investment adviser shall not receive compensation based on a share of capital
			 gains upon or capital appreciation of funds or any portion of the funds of the
			 client, except as exempted in
			 17 CFR
			 275.205-3 under the Investment Adviser Act of
			 1940; (3-23-22)
b. Provides that no
			 assignment of the contract shall be made by the investment adviser without the
			 written consent of the client; (3-23-22)
c. Provides that if the investment adviser is
			 a partnership, the investment adviser shall notify the client of any change in
			 the membership of such partnership within a reasonable time after such change;
			 (3-23-22)
d. Provides the
			 investment adviser's policy regarding termination of the contract, in
			 compliance with 17 CFR
			 275.204-3(b).
			 (3-23-22)
e. Detailed description
			 of the services to be provided; (3-23-22)
f. Terms of the contract; (3-23-22)
g. Amount of the advisory fee, the formula
			 for computing the fee, and the amount of any prepaid fee to be returned in the
			 event of contract termination or non-performance; (3-23-22)
h. Discloses whether the contract grants
			 discretionary power to the investment adviser; (3-23-22)
i. A contract may not contain any provision
			 that limits or purports to limit the liability of the investment adviser for
			 conduct or omission arising from the advisory relationship that does not
			 conform to the Act, applicable federal statutes, or common law fiduciary
			 standard of care; or the remedies available to the client at law or equity or
			 the jurisdiction where any action shall be filed or heard.
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.08 - RULES PURSUANT TO THE UNIFORM SECURITIES ACT (2004) › Section 12.01.08.095 - INVESTMENT ADVISER BROCHURE RULE

Current through August 31, 2023
An investment adviser registered or required to be registered
				under the Act shall, in accordance with
				17 CFR
				275.204-3 under the Investment Advisers Act
				of 1940, deliver to each advisory client and prospective advisory client with a
				written disclosure statement that may be either a copy of Part 2 of its Form
				ADV which complies with 17
				CFR 275.204-1(b) of the
				Investment Advisers Act of 1940, or a written document containing at least the
				information then so required by Part 2 of Form ADV. (3-23-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.08 - RULES PURSUANT TO THE UNIFORM SECURITIES ACT (2004) › Section 12.01.08.096 - REQUIREMENTS FOR CUSTODY

Current through August 31, 2023
If an investment adviser registered or required to be
				registered under the Act maintains custody of client funds, it shall be done in
				accordance with the requirements and standards set forth in
				17 CFR
				275.206(4)-2 of the
				Investment Advisers Act of 1940. (3-23-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.08 - RULES PURSUANT TO THE UNIFORM SECURITIES ACT (2004) › Section 12.01.08.097 - INVESTMENT ADVISER AFFILIATION WITH BROKER-DEALERS/ISSUERS/AGENTS

Current through August 31, 2023
If an investment adviser becomes affiliated with a
				broker-dealer or issuer, he will be under a continuing obligation to make full
				disclosure of the affiliation to all parties to the affiliation, and must
				provide written notice to the Administrator of any material changes concerning
				any affiliation. Compliance with Part 2 of Uniform Form ADV and delivery of
				Part 2 of that form, or of a separate brochure or document containing
				substantially the same information that meets the requirements of the federal
				brochure rule, will be deemed to be in compliance with this rule.
				(3-23-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.08 - RULES PURSUANT TO THE UNIFORM SECURITIES ACT (2004) › Section 12.01.08.098 - NAMES USED BY BROKER-DEALERS AND INVESTMENT ADVISERS

Current through August 31, 2023
01.
Unregistered Names
.
			 (3-23-22)
a. Broker-dealers, Broker-dealer
			 Agents. Upon written request, the Administrator, in his discretion, may allow
			 use by a broker-dealer of the name of an entity which is not registered with
			 the Department as a broker-dealer if, in all communications and advertising, a
			 notation is prominently displayed indicating that all securities transactions
			 are made through a named registered broker-dealer. However, any and all
			 payments received must be in the name of the registered broker-dealer. The
			 Administrator may impose any further conditions or restrictions on the use of
			 the nonregistered name that he deems appropriate for the protection of the
			 public. Except as provided in this rule, the use of unregistered names by a
			 broker-dealer is prohibited. (3-23-22)
b. Investment Advisers, Investment Adviser
			 Representatives. All advising, transactions, communications, and advertising
			 regarding securities and the conducting of business as an investment adviser
			 must be accomplished under the name of the investment adviser that is currently
			 registered with the Department. Upon written request, the Administrator, in his
			 discretion, may allow use by an investment adviser or investment adviser
			 representative of the name which is not registered with the Department.
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.08 - RULES PURSUANT TO THE UNIFORM SECURITIES ACT (2004) › Section 12.01.08.099 - CIRCUMVENTION OF ORDERS PROHIBITED

Current through August 31, 2023
A broker-dealer, investment adviser, agent, or investment
				adviser representative may not circumvent the imposition of an order denying
				registration or revoking registration by withdrawing the application through
				the CRD system after such order has been issued. Such action will not be
				recognized by the Administrator, and will have no effect on the outcome of the
				order. (3-23-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.08 - RULES PURSUANT TO THE UNIFORM SECURITIES ACT (2004) › Section 12.01.08.100 - WAIVER BY ADMINISTRATOR

Current through August 31, 2023
The Administrator may, either upon request or upon his own
				motion, waive or modify the application of any particular section to a
				particular agent, broker-dealer or investment adviser when, in his opinion,
				just and reasonable cause exists for such action and the waiving or modifying
				of such rule would not be contrary to the provisions of the Act or to the
				public interest. (3-23-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.08 - RULES PURSUANT TO THE UNIFORM SECURITIES ACT (2004) › Section 12.01.08.101 - NOTIFICATION OF OPENING, CLOSING OR RELOCATION OF BRANCH OFFICES

Current through August 31, 2023
Any broker-dealer or investment adviser, registered as such
				with the Department, shall notify the Administrator in writing or through CRD,
				no later than thirty (30) days after the opening, closing or relocation of any
				branch office. For purposes of this rule, "branch office" is defined by FINRA.
				(3-23-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.08 - RULES PURSUANT TO THE UNIFORM SECURITIES ACT (2004) › Section 12.01.08.102 - CANCELLATION OF REGISTRATION OR APPLICATION - GROUNDS

Current through August 31, 2023
If the Administrator finds that any registrant or applicant for
				registration is no longer in existence or has ceased to do business as a
				broker-dealer, investment adviser, salesman or investment adviser
				representative, or is subject to an adjudication of mental incompetence or to
				the control of a committee, conservator or guardian, or cannot be located after
				reasonable search, the Administrator may by order cancel the registration or
				application. (3-23-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.08 - RULES PURSUANT TO THE UNIFORM SECURITIES ACT (2004) › Section 12.01.08.103 - EXAMINATION REQUIREMENTS

Current through August 31, 2023
01.
Examination Required
. The following examinations are required for
			 the following applicants: (3-23-22)
a.
			 Broker-dealer agent application. General agents of securities broker-dealers
			 are required to take and pass: (3-23-22)
i.
			 The applicable FINRA, examinations; and (3-23-22)
ii. Either the Series 63 or the Series 66
			 examination. (3-23-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.08 - RULES PURSUANT TO THE UNIFORM SECURITIES ACT (2004) › Section 12.01.08.104 - FRAUDULENT, DISHONEST AND UNETHICAL PRACTICES - BROKER-DEALER, BROKER-DEALER AGENTS, ISSUER AGENTS, INVESTMENT ADVISERS, INVESTMENT ADVISER REPRESENTATIVES

Current through August 31, 2023
01.
Fraudulent, Dishonest and Unethical
			 Practices
. Any broker-dealer, agent, issuer agent, investment adviser or
			 investment adviser representative who engages in one (1) or more of the
			 practices identified in Subsections
			 104.02 through
			 104.47 of this rule is deemed to
			 have engaged in one (1) or both of the following: (3-23-22)
a. An "act, practice, or course of business
			 that operates or would operate as a fraud or deceit" as used in Section
			 30-14-501 and Section
			 30-14-502, Idaho Code;
			 (3-23-22)
b. A dishonest and
			 unethical practice as used in Section
			 30-14-412(d)(13),
			 Idaho Code, and such conduct may constitute grounds for denial, suspension, or
			 revocation of registration or such other action authorized by statute.
			 (3-23-22)
c. This rule is not
			 intended to be all-inclusive, and thus, acts or practices not enumerated herein
			 may also be deemed fraudulent, or dishonest and unethical.
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.08 - RULES PURSUANT TO THE UNIFORM SECURITIES ACT (2004) › Section 12.01.08.105 - SUPERVISION OF AGENTS, INVESTMENT ADVISER REPRESENTATIVES AND EMPLOYEES

Current through August 31, 2023
01.
Supervision Required
. Every
			 broker-dealer, investment adviser, and designated supervisor shall exercise
			 diligent supervision over the securities activities of all of his agents,
			 investment adviser representatives and employees. (3-23-22)
02.
Broker-Dealer Procedures
.
			 Every agent and employee of the broker-dealer shall be subject to the
			 supervision of a supervisor designated by such broker-dealer. The supervisor
			 may be the broker-dealer in the case of a sole proprietor, or a partner,
			 officer, office manager, or any other qualified person. (3-23-22)
03.
Written Compliance
			 Procedure
. Every broker-dealer shall establish, maintain and enforce
			 written procedures and keep a copy in each business office, that set forth the
			 procedures adopted by the broker-dealer to comply with the following duties
			 imposed by this rule, and state at which business office or offices the
			 broker-dealer keeps and maintains the records required by Section
			 30-14-411, Idaho Code: (3-23-22)
a. The review and written approval by the
			 designated supervisor of the opening of each new customer account;
			 (3-23-22)
b. The frequent
			 examination of all customer accounts to detect and prevent irregularities or
			 abuses, including a review for churning and switching of securities in
			 customers' accounts, as well as unsuitable recommendations and sales of
			 unregistered securities; (3-23-22)
c. The prompt review and written approval by
			 the designated supervisor of all securities transactions and all correspondence
			 pertaining to the solicitation or execution of all securities transactions;
			 (3-23-22)
d. The review of back
			 office operations, i.e., all systems and procedures, including the currency and
			 accuracy of books and records, the status and causes of "Fails to Receive" and
			 "Fails to Deliver." net capital, credit extensions and financial reports;
			 (3-23-22)
e. The review of form,
			 content and filing of all correspondence related in any way to the purchase or
			 sale or solicitation for the purchase or sale of securities;
			 (3-23-22)
f. The review and written
			 approval by the designated supervisor of the delegation by any customer of
			 discretionary authority with respect to his account to a stated agent or
			 associate of the broker-dealer and the prompt written approval of each
			 discretionary order entered on behalf of that account; and (3-23-22)
g. The prompt review and written approval of
			 the handling of all customer complaints. As used in these rules, "complaint" is
			 considered to be any written statement by a customer or by any person acting
			 for a customer which complains about the activities of the broker-dealer, agent
			 or associate in connection with the solicitation or execution of a transaction
			 or the disposition of funds of that customer. (3-23-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.10 - RULES PURSUANT TO THE IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT › Section 12.01.10.000 - LEGAL AUTHORITY

Current through August 31, 2023
This chapter is promulgated pursuant to Sections
				26-31-103,
				26-31-204(5),
				26-31-302(1)(a),
				and 26-31-302(2),
				Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.10 - RULES PURSUANT TO THE IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT › Section 12.01.10.001 - SCOPE

Current through August 31, 2023
These rules interpret the Idaho Residential Mortgage Practices
				Act, Title 26, Chapter 31, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.10 - RULES PURSUANT TO THE IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT › Section 12.01.10.005 - INCORPORATION BY REFERENCE

Current through August 31, 2023
For the purposes of the Act and these rules the full text of
				the following are incorporated by reference: (3-31-22)
01.
The Real Estate Settlement
			 Procedures Act
. As set forth in
			 12 U.S.C.
			 2601, et seq., as amended to and including
			 January 1, 2020. The Real Estate Settlement Procedures Act is available for
			 viewing online at:
https://www.
			 gpo.gov/ fdsys/pkg/USCODE-2016-title
			 12/html/USCODE-2016-title12-chap27.htm
. (3-31-22)
02.
Regulation X
. As issued by
			 the federal Bureau of Consumer Financial Protection and codified at
			 12 CFR
			 1024, et seq., as amended to and including
			 January 1, 2020. Regulation X is available for viewing online at:
https://www.gpo.gov/fdsys/pkg/CFR-2018-title12-vol8/xml/CFR-2018-title12-vol8-part1024.xml
.
			 (3-31-22)
03.
The Truth in
			 Lending Act
. As set forth in
			 15 U.S.C.
			 1601, et seq., as amended to and including
			 January 1, 2020. The Truth in Lending Act is available for viewing online at:
https://www.gpo.gov/fdsys/pkg/USCODE-2016-title15/html/USCODE-2016-title15-chap41.htm
.
			 (3-31-22)
04.
Regulation
			 Z
. As issued by the federal Bureau of Consumer Financial Protection and
			 codified at 12 CFR
			 1026, et seq., as amended to and including
			 January 1, 2020. Regulation Z is available for viewing online at:
https://www.gpo.gov/fdsys/pkg/CFR-2018-title12-vol9/xml/CFR-2018-title12-vol9-part1026.xml
.
			 (3-31-22)
05.
Availability of
			 Documents
. Unless otherwise available, the documents incorporated by
			 reference may be viewed at the central office of the Idaho Department of
			 Finance. (3-31-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.10 - RULES PURSUANT TO THE IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT › Section 12.01.10.006 - DEFINITIONS

Current through August 31, 2023
In addition to the terms defined in the Idaho Residential
				Mortgage Practices Act, the following definitions apply: (3-31-22)
01.
Act
. The Idaho Residential
			 Mortgage Practices Act, Title 26, Chapter 31, Idaho Code. (3-31-22)
02.
Application
. In relation to
			 a "residential mortgage loan" or "loan modification" as defined in the Act, an
			 "application" means a request for a residential mortgage loan or loan
			 modification and any form or document representing such request. The term
			 "application" does not include the processing of such request.
			 (3-31-22)
03.
Closing
.
			 The process of executing legally binding documents regarding a lien on property
			 that is subject to a residential mortgage loan and includes the day agreed upon
			 by a borrower and a covered person to complete such process.
			 (3-31-22)
04.
Covered
			 Person
. A person who has been issued a license, pursuant to the Act, or
			 a person required to be licensed under the Act. (3-31-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.10 - RULES PURSUANT TO THE IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT › Section 12.01.10.040 - DECEPTIVE ADVERTISING

Current through August 31, 2023
01.
Advertising
. Advertising means making or permitting to be made any
			 oral, written, graphic or pictorial statements, in any manner, in the course of
			 the solicitation of business authorized under the Act. Deceptive advertising is
			 defined to include the following practices by a covered person: (3-31-22)
a. Advertising without clearly and
			 conspicuously disclosing the business name and unique identifier assigned by
			 the Nationwide Mortgage Licensing System and Registry (NMLSR) to the covered
			 person. (3-31-22)
b. Engaging in
			 bait and switch advertising or misrepresenting, directly or indirectly, the
			 terms, conditions or charges incident to services authorized under the Act.
			 Bait and switch advertising, for the purposes of these rules, means advertising
			 services without the intent to provide them but, rather, to lure a person into
			 making an application for services and then switch the person from obtaining
			 the advertised services to other or different services on a basis more
			 advantageous to the covered person. (3-31-22)
c. Using an address in advertising at which
			 the covered person conducts no mortgage brokering, mortgage lending, or
			 mortgage loan origination activities or for which the covered person does not
			 hold a license. (3-31-22)
d.
			 Advertising or soliciting in a manner that has the effect of misleading a
			 person to believe that the advertisement or solicitation is from a person's
			 current mortgage holder, a government agency, or that an offer is a limited
			 opportunity, when such is not the case. (3-31-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.10 - RULES PURSUANT TO THE IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT › Section 12.01.10.050 - WRITTEN DISCLOSURES

Current through August 31, 2023
01.
Receipt
			 of an Application
. Upon receipt of an application as defined in
			 Subsection 006.02 of these rules, and
			 before receipt of any moneys from a borrower, a covered person shall make
			 available to each borrower information, in a manner acceptable to the Director,
			 about the services authorized under the Act that he may provide to a borrower.
			 (3-31-22)
02.
Loan
			 Modification Confirmation
. Within three (3) business days, including
			 Saturdays, of receipt of a notice from a creditor or its agent of a loan
			 modification offer, a covered person shall deliver or send by first-class mail
			 to the borrower a written confirmation of the terms of the loan modification
			 offer. Such confirmation shall include information regarding proposed rates,
			 payments, and loan balance. (3-31-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.10 - RULES PURSUANT TO THE IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT › Section 12.01.10.051 - RESTRICTIONS ON FEES

Current through August 31, 2023
If a covered person imposes fees authorized by Section
				26-31-210 of the Act, the
				following restrictions apply, subject to the Director's authority to set limits
				on fees and charges pursuant to Section
				26-31-204(6)  of
				the Act: (3-31-22)
01.
Application Fee
. An application fee shall include only the actual
			 costs incurred by a covered person in connection with the taking of an
			 application and transcribing application information. (3-31-22)
02.
Cancellation Fee
. A
			 cancellation fee may only be charged at the time of, or subsequent to, a
			 request or instruction by a borrower to a covered person to cancel a request
			 for services authorized under the Act. Such fee must bear a reasonable
			 relationship to the actual costs incurred by the covered person for services
			 provided to a borrower up to the borrower's request or instruction to cancel
			 the request for services. A cancellation fee must comply with the requirements
			 of Regulation Z, when applicable. (3-31-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.10 - RULES PURSUANT TO THE IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT › Section 12.01.10.060 - PROHIBITED PRACTICES

Current through August 31, 2023
It is a prohibited practice for any covered person in
				connection with offering or providing services authorized under the Act, to:
				(3-31-22)
01.
Fail to Disburse
			 Funds Timely
. Fail to disburse funds in a timely manner, in accordance
			 with any commitment or agreement with the borrower, either directly or through
			 a mortgage broker: (3-31-22)
a. Either
			 immediately upon closing of the loan in the case of a purchase/sale
			 transaction; or (3-31-22)
b.
			 Immediately upon expiration of the three (3) day rescission period in the case
			 of a refinancing, or taking of a junior mortgage on the existing residence of
			 the borrower. (3-31-22)
c. For the
			 purposes of this Subsection, the term "immediately" represents a period of time
			 no greater than seventy-two (72) hours. (3-31-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.10 - RULES PURSUANT TO THE IDAHO RESIDENTIAL MORTGAGE PRACTICES ACT › Section 12.01.10.090 - BORROWERS UNABLE TO OBTAIN LOANS

Current through August 31, 2023
If, for any reason, a covered person fails to obtain a
				residential mortgage loan for a borrower that is satisfactory to the borrower,
				and the borrower has paid for an appraisal, the covered person shall provide a
				copy of the appraisal to the borrower and transmit and assign original
				appraisal reports, along with any other documents provided by the borrower, to
				any other person to whom the borrower directs that the documents be
				transmitted. The covered person shall provide such copies or transmit such
				documents within three (3) business days after the borrower makes the request
				in writing. (3-31-22)
Idaho Administrative Code › Title IDAPA 13 - Fish and Game, Department of › Rule 13.01.01 - RULES OF PRACTICE AND PROCEDURE OF THE IDAHO FISH AND GAME COMMISSION › Section 13.01.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
Sections
				36-103 and
				36-104, Idaho Code, authorize the
				Commission to adopt rules concerning administration of the state's wildlife
				policy. (3-31-22)
Idaho Administrative Code › Title IDAPA 13 - Fish and Game, Department of › Rule 13.01.01 - RULES OF PRACTICE AND PROCEDURE OF THE IDAHO FISH AND GAME COMMISSION › Section 13.01.01.001 - TITLE AND SCOPE

Current through August 31, 2023
The title of this chapter for citation is IDAPA 13.01.01,
				"Rules of Practice and Procedure of the Idaho Fish and Game Commission." These
				rules govern rulemaking, contested cases, meeting procedure, and appearances
				before the Commission and Department. (3-31-22)
Idaho Administrative Code › Title IDAPA 13 - Fish and Game, Department of › Rule 13.01.01 - RULES OF PRACTICE AND PROCEDURE OF THE IDAHO FISH AND GAME COMMISSION › Section 13.01.01.002 - ADMINISTRATIVE PROCEDURE

Current through August 31, 2023
IDAPA 04.11.01, "Idaho Rules of Administrative Procedure of the
				Attorney General," govern rulemaking and contested cases for the Commission and
				Department unless otherwise provided by these rules. (3-31-22)
Idaho Administrative Code › Title IDAPA 13 - Fish and Game, Department of › Rule 13.01.01 - RULES OF PRACTICE AND PROCEDURE OF THE IDAHO FISH AND GAME COMMISSION › Section 13.01.01.011 - COMMISSION OFFICERS

Current through August 31, 2023
The Commission annually elects a Chair and Vice-chair for the
				ensuing year. Newly elected officers assume their respective duties at the end
				of the meeting at which they are elected. (3-31-22)
Idaho Administrative Code › Title IDAPA 13 - Fish and Game, Department of › Rule 13.01.01 - RULES OF PRACTICE AND PROCEDURE OF THE IDAHO FISH AND GAME COMMISSION › Section 13.01.01.012 - DUTIES OF CHAIR AND VICE-CHAIR

Current through August 31, 2023
The Chair presides at meetings, sets meeting agendas, and
				performs other duties at Commission direction. The Vice-chair performs the
				Chair's duties in the Chair's absence. If both Chair and Vice-chair are absent,
				the Commission may appoint an Acting Chair to preside. (3-31-22)
Idaho Administrative Code › Title IDAPA 13 - Fish and Game, Department of › Rule 13.01.01 - RULES OF PRACTICE AND PROCEDURE OF THE IDAHO FISH AND GAME COMMISSION › Section 13.01.01.013 - DIRECTOR - COMMISSION SECRETARY

Current through August 31, 2023
The Director is Commission Secretary (non-voting). The
				Secretary is custodian of Commission records and responsible for taking meeting
				minutes and issuing publications and notices. (3-31-22)
Idaho Administrative Code › Title IDAPA 13 - Fish and Game, Department of › Rule 13.01.01 - RULES OF PRACTICE AND PROCEDURE OF THE IDAHO FISH AND GAME COMMISSION › Section 13.01.01.014 - DELEGATION OF POWERS

Current through August 31, 2023
The Commission may delegate powers to the Director as law
				allows. The Director may delegate powers to Department employees as law allows.
				Because timely addressing property damage from wildlife or feeding emergencies
				depends on local conditions, the Commission and Director delegate authority to
				issue kill permits, declare emergency depredation hunts, declare feeding
				emergencies, or expend funds on feeding to the Department's Regional
				Supervisors. (3-31-22)
Idaho Administrative Code › Title IDAPA 13 - Fish and Game, Department of › Rule 13.01.01 - RULES OF PRACTICE AND PROCEDURE OF THE IDAHO FISH AND GAME COMMISSION › Section 13.01.01.015 - INVESTIGATIONS

Current through August 31, 2023
The Commission may authorize formal or informal investigations
				for fact-finding (e.g., IDAPA 04.11.01.420.01), with results reported to the
				Director, hearing officer or Commission. (3-31-22)
Idaho Administrative Code › Title IDAPA 13 - Fish and Game, Department of › Rule 13.01.01 - RULES OF PRACTICE AND PROCEDURE OF THE IDAHO FISH AND GAME COMMISSION › Section 13.01.01.016 - OFFICIAL RECEIPT OF DOCUMENTS

Current through August 31, 2023
The Director, or a specified designee in a particular matter,
				is the officer with whom to file all documents in rulemakings or contested
				cases under IDAPA 04.11.01, at the principal office address listed on the cover
				sheet to these rules, unless provided otherwise by statute, rule, order, or
				notice. A document is not officially received by the Commission until received
				at the Commission's office, as evidenced by date stamp placed on paper
				documents, or timestamp of email receipt as of a business day. Communications
				received by individual Commissioners are not considered officially received by
				the Commission unless they are received at the Commission office.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 13 - Fish and Game, Department of › Rule 13.01.01 - RULES OF PRACTICE AND PROCEDURE OF THE IDAHO FISH AND GAME COMMISSION › Section 13.01.01.017 - ORDERS

Current through August 31, 2023
01.
Signature on Commission
			 Orders
. The Chair or the Director (as Secretary) signs all orders
			 authorized by the Commission. (3-31-22)
02.
Signature on Director's
			 Orders
. The Director (as Director) signs all orders issued under the
			 Director's authority in carrying out Idaho Code, Title 36. (3-31-22)
Idaho Administrative Code › Title IDAPA 13 - Fish and Game, Department of › Rule 13.01.01 - RULES OF PRACTICE AND PROCEDURE OF THE IDAHO FISH AND GAME COMMISSION › Section 13.01.01.050 - CONDUCT OF COMMISSION MEETINGS

Current through August 31, 2023
The Commission holds regular and special meetings under Section
				36-104(a), Idaho
				Code. (3-31-22)
01.
Motions and
			 Voting
. A motion needs a second for Commission consideration. All
			 members vote upon all motions placed before the Commission unless excused by
			 the Chair for reasons stated for the record. (3-31-22)
02.
Parliamentary Rules
.
			 Robert's Revised Rules of Order, with Procedure in Small Boards, governs the
			 conduct of Commission meetings when applicable, unless inconsistent with
			 statute or these rules. (3-31-22)
Idaho Administrative Code › Title IDAPA 13 - Fish and Game, Department of › Rule 13.01.01 - RULES OF PRACTICE AND PROCEDURE OF THE IDAHO FISH AND GAME COMMISSION › Section 13.01.01.051 - PUBLIC TESTIMONY AT COMMISSION MEETINGS

Current through August 31, 2023
The Commission provides an opportunity for oral public
				testimony at its annual and quarterly meetings and at other times at its
				discretion. (3-31-22)
01.
Record
			 Information
. For administrative record purposes, any persons wishing to
			 speak at a meeting will provide their names and contact addresses.
			 (3-31-22)
02.
Limiting
			 Testimony
. The Chair has sole discretion to set a uniform time limit for
			 oral public testimony at a meeting, and to limit oral testimony that is:
			 (3-31-22)
a. Not relevant to Commission
			 business; (3-31-22)
b. Not directed
			 to the Commission (e.g., where the person testifying seeks to converse with the
			 audience or individuals other than the Commission); or (3-31-22)
c. Is threatening, abusive, or profane.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 13 - Fish and Game, Department of › Rule 13.01.02 - RULES GOVERNING MANDATORY EDUCATION, MENTORED HUNTING, AND SHOOTING RANGES › Section 13.01.02.000 - LEGAL AUTHORITY

Current through August 31, 2023
Sections
				36-103,
				36-104,
				36-401,
				36-409,
				36-412,
				36-418 and
				36-1508. (3-30-23)
Idaho Administrative Code › Title IDAPA 13 - Fish and Game, Department of › Rule 13.01.02 - RULES GOVERNING MANDATORY EDUCATION, MENTORED HUNTING, AND SHOOTING RANGES › Section 13.01.02.001 - SCOPE

Current through August 31, 2023
These rules govern hunting, archery, and trapping education,
				mentored hunting and shooting ranges. (3-30-23)
Idaho Administrative Code › Title IDAPA 13 - Fish and Game, Department of › Rule 13.01.02 - RULES GOVERNING MANDATORY EDUCATION, MENTORED HUNTING, AND SHOOTING RANGES › Section 13.01.02.010 - DEFINITIONS

Current through August 31, 2023
01.
Accompany(ied)
. Close enough
			 for conversation without shouting or using electronic devices.
			 (3-30-23)
02.
Mentee
.
			 Holder of a Hunting Passport or Nonresident Junior Mentored License.
			 (3-30-23)
Idaho Administrative Code › Title IDAPA 13 - Fish and Game, Department of › Rule 13.01.02 - RULES GOVERNING MANDATORY EDUCATION, MENTORED HUNTING, AND SHOOTING RANGES › Section 13.01.02.101 - HUNTING PASSPORT

Current through August 31, 2023
01.
Hunting
			 Passport
. No person holding a Hunting Passport may hunt wildlife unless
			 accompanied by an eligible mentor. Hunting Passports are licenses for carrying
			 and exhibition purposes under Section
			 36-1201, Idaho Code, and authorize
			 holders to hunt without mandatory hunter education. Hunting Passports expire
			 December 31 of the year for which they are valid. (3-30-23)
02.
Passport Eligibility
.
			 (3-30-23)
a. Only persons eight (8) years of
			 age or older, who have not previously possessed a Hunting Passport, hunting
			 license, or equivalent license in any state or country, may possess a Hunting
			 Passport. Youths may possess additional Hunting Passport(s) each year until
			 reaching ten (10) years of age. (3-30-23)
b. Hunting passport holders at least ten (10)
			 years of age are eligible to obtain general hunt big game tags available for
			 their residency. (3-30-23)
c.
			 Hunting Passport holders are not eligible to apply for controlled hunts, except
			 as designated by landowners for landowner permission or depredation hunts.
			 (3-30-23)
d. Hunting Passport
			 holders under eighteen (18) years of age are eligible to participate in
			 youth-only seasons. (3-30-23)
Idaho Administrative Code › Title IDAPA 13 - Fish and Game, Department of › Rule 13.01.02 - RULES GOVERNING MANDATORY EDUCATION, MENTORED HUNTING, AND SHOOTING RANGES › Section 13.01.02.102 - HUNTING MENTOR

Current through August 31, 2023
01.
Eligibility
. No person may be a mentor unless they are eighteen
			 (18) years of age or older and have a valid Idaho hunting license. A mentor may
			 accompany no more than two (2) mentees at once. (3-30-23)
02.
Game Tag
. Mentees may not
			 hunt for species requiring game tag(s) under Section
			 36-409, Idaho Code, unless the
			 mentee has a valid tag for the hunt and the mentor has a tag for that species
			 valid somewhere in Idaho during that calendar year. (3-30-23)
03.
Mentor Hunting
. Mentors may
			 hunt while serving as mentors if eligible for that hunt. (3-30-23)
Idaho Administrative Code › Title IDAPA 13 - Fish and Game, Department of › Rule 13.01.02 - RULES GOVERNING MANDATORY EDUCATION, MENTORED HUNTING, AND SHOOTING RANGES › Section 13.01.02.200 - HUNTER AND ARCHERY EDUCATION

Current through August 31, 2023
Certification of hunter/archery education to comply with
				Section 36-411, Idaho Code, means
				presentation of Department-issued or equivalent certification. "Equivalent
				certification" for hunter/archery education means completed instruction by an
				authorized agency or association including firearms/archery safety, wildlife
				management and laws, hunter ethics, first aid, survival, and practical
				experience in handling and shooting firearms/archery equipment.
				(3-30-23)
Idaho Administrative Code › Title IDAPA 13 - Fish and Game, Department of › Rule 13.01.02 - RULES GOVERNING MANDATORY EDUCATION, MENTORED HUNTING, AND SHOOTING RANGES › Section 13.01.02.201 - TRAPPER EDUCATION

Current through August 31, 2023
Any person who did not possess an Idaho trapping license before
				July 1, 2011, is ineligible to obtain a trapping license unless they present
				Department-issued or equivalent certification of trapper education. "Equivalent
				certification" means completed instruction by an authorized agency or
				association including trapping safety, wildlife management and laws, non-target
				species avoidance techniques, trapper ethics and practical experience with
				trapping equipment. Wolf-only trapping education is not equivalent
				certification. (3-30-23)
Idaho Administrative Code › Title IDAPA 13 - Fish and Game, Department of › Rule 13.01.02 - RULES GOVERNING MANDATORY EDUCATION, MENTORED HUNTING, AND SHOOTING RANGES › Section 13.01.02.202 - WOLF TRAPPER EDUCATION

Current through August 31, 2023
No person may trap for wolves without successfully completing a
				Department-held wolf trapping education class. (3-30-23)