67-2604. DUTIES OF DIVISION ADMINISTRATOR. (1) In administering the laws regulating professions, trades, and occupations within the division of occupational and professional licenses, and in addition to the authority granted to the administrator by the laws and rules of the agencies and entities within the division, the administrator may:
(a) Revise the operating structure of the division as needed to provide efficient and appropriate services to the various professions, trades, occupations, and programs administered within the division;
(b) Conduct examinations to ascertain the qualifications and fitness of applicants to exercise the profession, trade, or occupation for which an examination is held;
(c) Pass upon the qualifications of applicants for reciprocal licenses, certificates, registrations, and authorities;
(d) Prescribe rules for a fair and impartial method of examination of candidates to exercise the respective profession, trade, or occupation;
(e) Appoint hearing officers, administer oaths, take depositions of witnesses within or without the state in the manner provided by the administrative rules adopted by the division, issue subpoenas, compel the attendance of witnesses, and assess costs and fees incurred in the investigation and prosecution or defense of any certificate holder, licensee, or registrant of the division, in accordance with the provisions of section 12-117(5), Idaho Code, when applicable, the contested case provisions of chapter 52, title 67, Idaho Code, and laws and rules of the agencies within the division;
(f) Assess civil penalties as authorized for a violation of laws or rules, provided that any such civil penalty collected for a violation of laws or rules shall not exceed one thousand dollars ($1,000), unless otherwise provided by statute or rule, and shall be deposited in the occupational licenses fund;
(g) Implement processes and promulgate rules for the administration of the chapters of those agencies assigned to the division, including but not limited to:
(i) The application, issuance, renewal, cancellation, and reinstatement of licenses, certificates, registrations, and permits, together with assessment of all related fees;
(ii) The terms by which fees may be prorated, if any; and
(iii) Procedures for the replacement of lost or destroyed licenses, certificates, or registrations;
(h) Employ individuals, make expenditures, enter into contracts, require reports, make investigations, travel, and take other actions deemed necessary;
(i) Collect and pay such fees as are required for criminal background checks of applicants, licensees, or registrants;
(j) Provide honoraria as set forth in section 59-509(p), Idaho Code, unless otherwise specified in law or rule;
(k) Require applications to be verified under oath;
(l) Require applicants to provide a clear and legible copy of a government-issued photo identification;
(m) Notwithstanding any other provisions of law, terminate an application that has not had any activity within one (1) year, unless otherwise specified in law or rule;
(n) Issue a license, certificate, permit, or authority only on behalf of an agency that has administrative rules approved by the legislature; and
(o) Implement application processes that provide for clear administration of all licenses, registrations, permits, and certificates, including their status and history.
(2) Notwithstanding any law governing any agency within the division, each board or commission member shall hold office until a successor has been duly appointed and qualified.
(3) The administrator shall administer the following provisions and shall perform such additional duties as are imposed by law: chapter 41, title 39, Idaho Code, relating to the Idaho building code; chapter 40, title 39, Idaho Code, relating to manufactured homes; chapter 43, title 39, Idaho Code, relating to modular buildings; chapter 21, title 44, Idaho Code, relating to manufactured home dealer and installer licensing; chapter 25, title 44, Idaho Code, relating to mobile home rehabilitation; chapter 10, title 54, Idaho Code, relating to electrical contractors and journeymen; chapter 19, title 54, Idaho Code, relating to public works contractors; chapter 26, title 54, Idaho Code, relating to plumbing and plumbers; chapter 45, title 54, Idaho Code, relating to public works construction management licensing; chapter 50, title 54, Idaho Code, relating to installation of heating, ventilation and air conditioning systems; chapter 80, title 39, Idaho Code, relating to uniform public school building safety; chapter 59, title 33, Idaho Code, relating to Idaho school safety and security; chapter 86, title 39, Idaho Code, relating to elevator safety; and chapter 22, title 55, Idaho Code, relating to underground facilities damage prevention.
(4) For those agencies listed in subsection (3) of this section, the administrator may, in addition to those powers listed in this chapter:
(a) Issue registrations, licenses, and certificates;
(b) Charge a fee of seventy-five dollars ($75.00) for each examination administered, unless a different fee is established in law or rule;
(c) Conduct hearings on proceedings to discipline, renew, or reinstate licenses, certificates, or authorities of persons exercising the respective profession, trade, or occupation;
(d) Revoke, suspend, refuse to renew, or take other disciplinary action against such licenses, certifications, or authorities; and
(e) Assess civil penalties as authorized for a violation of law or rule.
History:
[67-2604, added 2021, ch. 224, sec. 9, p. 663.]