Title 54 — PROFESSIONS, VOCATIONS, AND BUSINESSES

54-1863. withdrawal. (1) Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the compact by specifically repealing the statute which enacted the compact into law. (2) Withdrawal fr…

54-1864. dissolution. (1) The compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one (1) member state. (2) Upon the dissolution of the compact, the compact becomes null and void and shall …

54-1865. severability and construction. (1) The provisions of the compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable. (2) The provisions of the compact shall be liberal…

54-1866. BINDING EFFECT OF COMPACT AND OTHER LAWS. (1) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact. (2) All laws in a member state in conflict with the compact are superseded to the extent of the conflict. (…

54-1867. limited license for bridge year physicians. (1) As used in this section: (a) "Board" means the state board of medicine. (b) "Bridge year physician" means a person who: (i) Is within the first year of graduation from a medical school accredited or provisionally accredited…

54-1901. Legislative intent — Definitions. (1) The legislature finds that it is in the best interests of the people of the state of Idaho to establish a process for licensure of public works contractors to be administered through the public works contractors license board. To ass…

54-1902. Unlawful to engage in public works contracting without license — Investigations. (1) It shall be unlawful for any person to engage in the business or act in the capacity of a public works contractor within this state without first obtaining and having a license issued pu…

54-1903. Exemptions. This chapter shall not apply to: (1) An authorized representative of the United States government, the state of Idaho, or any incorporated town, city, county, irrigation district, reclamation district or other municipal or political corporation or subdivision…

54-1904. Classes of licenses — Rights granted under licenses — Fees. (1) There shall be seven (7) classes of licenses issued under the provisions of this chapter, which are hereby designated as Classes Unlimited, AAA, AA, A, B, CC, and C, the maximum fee for which shall be as spe…

54-1904A. Filing of notices and income tax returns — Payment of income taxes by contractors. Within thirty (30) days after any public works contractor who is required to be licensed pursuant to this chapter has been awarded a contract for construction to be performed within the s…

54-1904B. Relief from bids. (a) If an awarding authority for the public entity determines that a bidder is entitled to relief from a bid because of a mistake, the authority shall prepare a report in writing to document the facts establishing the existence of each element required…

54-1904C. Grounds for relief. The bidder shall establish to the satisfaction of the public entity that: (a) A clerical or mathematical mistake was made; (b) The bidder gave the public entity written notice within five (5) calendar days after the opening of the bids of the mistake…

54-1904D. Prohibition against further bidding. A bidder who claims a mistake or who forfeits their bid security shall be prohibited from participating in any rebidding of that project on which the mistake was claimed or security forfeited.

54-1904E. Award of contract to second or next lowest bidder. If the public entity deems it is in its best interest, it may, on refusal or failure of the successful bidder to execute the contract, award it to the second lowest responsible bidder. If the second lowest responsible b…

54-1905. Public works contractors license board created — Qualifications of appointees — Term — Removals. There is hereby created and made part of the division of occupational and professional licenses a public works contractors license board. It shall be the responsibility and d…

54-1907. Duties and powers of the board — Seal. The board is authorized and directed to prescribe and amend rules consistent with this chapter for the administration of this chapter and to effectuate the purpose thereof, and for the investigation, classification, examination and …

54-1908. Meetings — Quorum. The board shall hold not less than two (2) regular meetings each year for the purpose of transacting such business as may properly come before it. Each year the board shall elect officers. Special or regular monthly meetings of the board may be held at…

54-1910. Examinations, qualifications and applications. Under such rules as the board may adopt, the administrator shall have the power and authority to investigate, classify, and to qualify applicants for licenses under this chapter, by written or oral examinations, or both. The…

54-1911. Filing, issuance and denial of licenses — Fees not refunded. Applications for original licenses, together with the fees therefor, shall be filed with the administrator. After such examination and investigation as may be prescribed by rule, in accordance with the provisio…

54-1912. Expiration and renewal of licenses — Fees. (1) All contractors required by the provisions of this section to be licensed, shall be licensed for a period of twenty-four (24) consecutive calendar months. License renewal shall be in accordance with the provisions of section…

54-1913. Records, lists and information. The administrator shall maintain, open to public inspection during office hours, a complete record of all retained applications, licenses issued, licenses renewed, data collected through the provisions of section 54-1904A, Idaho Code, and …

54-1914. Administrative enforcement proceedings. (1) The administrator may upon his own motion or at the direction of the board, and shall upon the verified complaint in writing of any person, investigate the actions of any public works contractor within the state and may underta…

54-1915. Procedure for imposition of discipline. (1) Upon the filing of a verified complaint with the administrator charging a licensee or public entity with the commission of any act constituting a cause for disciplinary action within two (2) years prior to the date of filing, o…

54-1916. Judicial review — Appeals procedure. (1) The applicant, public entity, or licensee, as the case may be, shall have the right to judicial review of an action of the administrator refusing issuance of a license, or actions taken by the board pursuant to section 54-1914, Id…

54-1917. Renewal of suspended or revoked license. After suspension or revocation of the license upon any of the grounds set forth in this chapter, the administrator may renew the license upon proof of compliance by the contractor with all provisions of the decision as to renewal …

54-1918. Subpoenas and process. In any investigation, proceeding or hearing which the administrator is empowered to institute, conduct or hold, the board, and each member thereof, may administer oaths, certify to official acts, issue subpoenas for the attendance of witnesses and …

54-1919. Revocation by court. The suspension or revocation of a license as provided in this act may also be included in any action otherwise proper in any court involving the licensee’s performance of his legal obligation as a contractor.

54-1920. Penalties — Injunction. (1) Any person, firm, copartnership, corporation, limited liability company, limited liability partnership, association or other organization acting in the capacity of a public works contractor within the meaning of this chapter, without a license…

54-1920A. Enforcement. Upon request of the administrator, it shall be the duty of the attorney general to institute and prosecute civil enforcement actions or injunctive actions as provided in section 54-1920, Idaho Code. The attorney general may delegate the authority and duty u…

54-1921. occupational licenses fund — RECEIPTS AND DISBURSEMENTS. All fees, charges, and fines received by the board under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund, and all costs and expenses incurred …

54-1922. Act superior to all laws in conflict. Wherever any provisions of the existing laws of the state of Idaho are in conflict with the provisions of this act, the provisions of this act shall control and supersede all such laws.

54-1923. Title. This act shall be known as "Public Works Contractors License Act."

54-1924. Separability. If any part or parts of this act shall be adjudged by the courts to be unconstitutional or invalid, the same shall not affect the validity of any part or parts thereof which can be given effect without the part or parts adjudged to be unconstitutional or in…

54-1925. Public Contracts Bond Act — Short title. This act may be cited as the Public Contracts Bond Act.

54-1926. Performance and payment bonds required of contractors for public buildings and public works of the state, political subdivisions and other public instrumentalities — Requirements for bonds — Governmental obligations. Before any contract equal to or greater than fifty tho…

54-1926A. Use of government obligations instead of surety bonds. (a) If a person is required under a law of the state of Idaho to give a surety bond, the person may give a government obligation, as defined in subsection (2)(h) of section 54-1901, Idaho Code. The government obliga…

54-1927. Claims for labor or material furnished or equipment supplied — Suit on contractor’s payment bond — Procedure — Limitation. Every claimant who has furnished labor or material or rented, leased, or otherwise supplied equipment in the prosecution of the work provided for in…

54-1928. Liability of public body for failure to obtain payment bond. Any public body subject to this act which shall fail or neglect to obtain the delivery of the payment bond as required by this act, shall, upon demand, itself promptly make payment to all persons who have suppl…

54-1929. Attorney’s fees allowed. In any action brought upon either of the bonds provided herein, or against the public body failing to obtain the delivery of the payment bond, the prevailing party, upon each separate cause of action, shall recover a reasonable attorney’s fee to …

54-1930. Meaning of terms used in act. The terms "person" and "claimant" and the masculine pronoun as used in this act shall include individuals, associations, copartnerships, or corporations.

54-2001. Short title. Sections 54-2001 through 54-2081, Idaho Code, shall be known and may be cited as "Idaho Real Estate License Law."

54-2002. Licensure required. No person shall engage in the business or act in the capacity of real estate broker or real estate salesperson in this state without an active Idaho real estate license therefor. Unless exempted from this chapter, any single act described within the d…

54-2003. Exceptions to licensure — Active licensees — Transactions involving personal property. (1) Exceptions to licensure. Except as otherwise stated below, an Idaho real estate license is not required for the following: (a) The purchase, option, exchange or sale of any interes…

54-2004. Definitions. As used in this chapter: (1) "Accredited college or university" means an institution accredited by the regional accrediting associations, as reported in the most current publication of the accredited institutions of postsecondary education. (2) "Acting in th…

54-2005. The Idaho real estate commission. There is hereby created in the division of occupational and professional licenses the Idaho real estate commission, for the purpose of administering this chapter. The commission shall consist of five (5) members who shall be appointed by…

54-2006. Qualifications of commissioners — term and organization. (1) Four (4) members of the commission shall be actively licensed Idaho-designated real estate brokers or associate brokers who have had at least five (5) years’ active license experience as a designated broker or …

54-2007. Compensation, powers and duties of commission. Members shall be compensated as provided by section 59-509(n), Idaho Code. The commission is charged with administering and enforcing all provisions of this chapter, and is expressly vested with the power and authority to ma…

54-2008. Establishment of Idaho real estate education council. An education council consisting of six (6) members, four (4) of whom are to be appointed by the Idaho real estate commission, plus one (1) commissioner and the commission’s executive director, may be established to ac…

54-2009. Council appointment, qualifications and term. One (1) member of the council shall be named from each of the four (4) geographic districts of the state: north, south, east and west. The education director of the commission shall serve as the council executive at all counc…

54-2010. Compensation. Members of the education council are not employees of the state of Idaho, but shall be reimbursed expenses in the same manner as state employees in addition to a per diem allowance in the same amount as that received by the commissioners for each day of app…