36-2113. REVOCATION OR SUSPENSION OF LICENSE — GROUNDS. (a) Every license shall, by virtue of this chapter, be subject to suspension, revocation, probation or other restriction by the board for the commission of any of the following acts:
1. For supplying false information or for failure to provide information required to be furnished by the license application form for a license currently valid or for other fraud or deception in procuring a license under the provisions of this chapter.
2. For fraudulent, untruthful or misleading advertising.
3. For conviction of a felony.
4. For two (2) or more forfeitures of any deposits of money or collateral with a court or administrative agency or for a conviction for violation of regulations of the United States forest service or the bureau of land management.
5. For unethical or unprofessional conduct as defined by rules of the board.
6. For conviction of any violation of any state or federal fish and game or outfitting and guiding laws.
7. For a substantial breach of any contract with any person utilizing his services.
8. For willfully (i) operating in any area for which the licensee is not licensed, or (ii) engaging in any activity for which the licensee is not licensed.
9. For the employment of an unlicensed guide by an outfitter.
10. For inhumane treatment of any animal used by the licensed outfitter or guide in the conduct of his business which endangers the health or safety of any guest or patron or which interferes with the conduct of his business.
11. For failure by any firm, partnership, corporation or other organization or any combination thereof licensed as an outfitter to have at least one (1) licensed outfitter as designated agent conducting its outfitting business who meets all of the qualifications and requirements of a licensed outfitter.
12. For the failure to provide any animal used by the licensed outfitter or guide in the conduct of his business with proper food, drink and shelter, or for the subjection of any such animal to needless abuse or cruel and inhumane treatment.
13. For failure of an outfitter to serve the public in any of the following ways: (i) by nonuse of license privileges as defined by rules of the board, (ii) by limiting services to any individual, group, corporation or club that limits its services to a membership, or (iii) by not offering services to the general public.
14. For violation of or noncompliance with any applicable provision of this chapter, or for violation of any lawful rule or order of the outfitters and guides licensing board.
(b) For the purposes of this section, the term "conviction" shall mean a finding of guilt, an entry of a guilty plea by a defendant and its acceptance by the court, or a forfeiture of bail bond or collateral deposited to secure a defendant’s appearance, suspended sentence, probation or withheld judgment.
(c) In addition to the penalties imposed in this section, the board may impose an administrative fine not to exceed five thousand dollars ($5,000) for each violation of the provisions of this chapter.
(d) The jurisdiction and authority of the board pursuant to this section and section 36-2114, Idaho Code, extend to any former licensee for a violation of this section which occurred during the period of licensure.
(e) The assessment of costs and fees incurred in the investigation and prosecution or defense of a licensee under this section shall be governed by the provisions of section 12-117(5), Idaho Code.
History:
[36-2113, added 1976, ch. 95, sec. 2, p. 394; am. 1977, ch. 162, sec. 4, p. 422; am. 1978, ch. 131, sec. 5, p. 298; am. 1982, ch. 174, sec. 3, p. 460; am. 1984, ch. 262, sec. 2, p. 634; am. 1988, ch. 269, sec. 10, p. 893; am. 1991, ch. 131, sec. 3, p. 290; am. 1998, ch. 340, sec. 1, p. 1087; am. 2000, ch. 102, sec. 1, p. 226; am. 2003, ch. 205, sec. 2, p. 547; am. 2018, ch. 348, sec. 2, p. 797.]