Title 38 — FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS

38-1201. Log scaling practitioners — License requirement. Every person practicing or offering to practice log scaling as herein defined, shall submit evidence of his qualifications and be licensed as hereinafter provided; and it shall be unlawful for any person to practice or off…

38-1202. Definitions. As used in this chapter, unless the context or subject matter requires otherwise: (1) Scaler and Professional Scaler. A person who is qualified by reason of his knowledge of the principles of scaling acquired by professional education and/or practical experi…

38-1203. Idaho board of scaling practices — Members — Terms. (1) A board to be known as the "Idaho board of scaling practices" is hereby created in the department of lands. It shall consist of the director of the department of lands and six (6) members appointed by the governor f…

38-1204. Qualifications. Appointive members of the board shall be citizens of the United States and residents of this state, and they shall have been regularly engaged in the timber products industry for at least five (5) years, and at least two (2) of whom shall have had experie…

38-1205. Compensation. Each member of the board shall be compensated as provided in section 59-509(m), Idaho Code.

38-1206. Removal — Vacancies. The governor may remove any member of the board for misconduct, incompetency, neglect of duty, or for any other sufficient cause. Vacancies in the membership of the board shall be filled for the unexpired term by appointment by the governor as provid…

38-1207. Meetings — Officers — Quorum. The board shall hold a meeting within thirty (30) days after its members are first appointed and thereafter shall hold at least two (2) regular meetings each year. The rules may provide for such additional regular meetings and for special me…

38-1208. Adoption of rules and seal — Maintenance of office — Hearings — Penalties for contempt. The board shall have the power to adopt and amend rules and regulations as provided in chapter 52, title 67, Idaho Code, and such rules and regulations, not inconsistent with the cons…

38-1209. Levy of assessment — Budget — Hearing — Funds — Bond of secretary — Salary. (a) The board is hereby authorized and directed to levy an assessment on the scale of all forest products harvested within the state of Idaho in an amount not to exceed twenty cents (20¢) per tho…

38-1210. Record of proceedings — Register of applications for registration — Annual report to governor. The board shall keep a record of its proceedings and a register of all applications for registration, which register shall show (a) the name, age and residency of each applican…

38-1211. Roster of licensed scalers. A roster showing the names and places of business of all licensed scalers shall be published by the secretary of the board during the month of December of each year. Copies of this roster shall be mailed to each person so registered, and furni…

38-1212. Applicants eligible for license. Except as herein otherwise expressly provided, no license shall be issued until an applicant has successfully passed an examination given by or under the supervision of the board, nor shall a license be issued to an applicant having habit…

38-1213. Application forms — Fee. Applications for registration shall be on forms prescribed and furnished by the board. The application shall be made under oath, and shall show the applicant’s education, experience and a detailed summary of his technical work; and the applicant …

38-1214. Examinations — Certificate of registration. Examinations shall be held at such times and places as the board shall determine. Examinations shall be required on fundamental scaling subjects. The scope of the examination shall be prescribed by the board with special emphas…

38-1215. Checkscalers — Appointment — Checkscaling criteria — Report — Bond. The director of the department of lands shall, with approval of the board, appoint such qualified licensed scalers as checkscalers as may be needed to perform checkscaling within the state. Checkscalers …

38-1216. Apprenticeship certificates — Temporary permits. The board shall establish and prescribe the criteria and basis for issuing apprenticeship certificates and for issuing temporary permits; provided, however, that an apprentice shall be authorized to scale only under the di…

38-1217. Expiration of certificate of registration — Renewal — Fees. Certificates of registration shall expire two (2) years from the last day of June following their issuance or renewal and shall become invalid on that date unless renewed. As a condition of renewal, a person sha…

38-1218. Revocation or suspension of certificate. The board shall have power to (1) revoke the certificate of registration or, (2) suspend the certificate of registration, for a period of time not exceeding two (2) years, of any registrant who is found guilty of: (a) The practice…

38-1219. Reissuance or reinstatement. The board, for reasons it may deem sufficient, may reissue or reinstate a certificate of registration to any person whose certificate has been revoked or suspended, provided three (3) or more members of the board vote in favor of such reissua…

38-1220. Scaling methods used. (a) The method of scaling the various forest products for commercial purposes shall be in accordance with the board’s administrative rules. (b) For the purpose of payment for logging or hauling logged forest products only, forest products shall be m…

38-1220A. Inspection — Investigation — Violations — Enforcement — Penalty. (a) The chairman of the Idaho board of scaling practices shall cause investigations to be made upon the request of the board or upon receipt of information concerning an alleged violation of this chapter o…

38-1221. Commencement of civil enforcement actions — Criminal actions and penalties authorized — Duties of attorney general and prosecuting attorneys. (a) Upon request of the board or the chairman, it shall be the duty of the attorney general to institute and prosecute civil enfo…

38-1222. Appeal from checkscale to board — Appeal from board to court. Any scaler, seller, user, producer, buyer, or hauler of forest products aggrieved by any checkscaling report may appeal the report to the board. The board shall hear and determine such appeal as a contested ca…