Title 54 — PROFESSIONS, VOCATIONS, AND BUSINESSES

54-4120. short title. Sections 54-4120 through 54-4134, Idaho Code, shall be known and may be cited as the "Idaho Appraisal Management Company Registration and Regulation Act."

54-4121. scope. This act shall apply to appraisal management companies providing appraisal management services in connection with consumer credit transactions secured by a consumer’s principal dwelling or securitizations of those transactions.

54-4122. definitions. As used in this act: (1) "Affiliate" means any company that controls, is controlled by or is under common control with another company. (2) "AMC national registry" means the registry of state-registered appraisal management companies and federally regulated …

54-4123. appraisal panel — annual size calculation. For purposes of determining whether, within a calendar year, an AMC oversees an appraisal panel of more than fifteen (15) state certified or state licensed appraisers in one (1) state or twenty-five (25) or more state certified …

54-4124. registration required. (1) Effective July 1, 2017, it is a violation of this act for a person to directly or indirectly engage or attempt to engage in business as an appraisal management company, to directly or indirectly engage or attempt to perform appraisal management…

54-4125. exemptions. The provisions of this act shall not apply to: (1) A person that exclusively employs appraisers on an employer and employee basis for the performance of appraisals in this state; (2) A federally regulated AMC; (3) A department or unit within a financial insti…

54-4126. ownership requirements — controlling persons. (1) No AMC shall be registered in this state if the AMC is owned in whole or in part, directly or indirectly, by any person who has had an appraiser license or certificate refused, denied, canceled, surrendered in lieu of rev…

54-4127. limitations on agreements. (1) An appraisal management company applying to the board for a registration in this state shall not knowingly or through lack of diligence for the purpose of performing appraisals or appraisal management services: (a) Employ any person who has…

54-4128. appraiser engagement. (1) Before or at the time of placing an assignment with an appraiser on the appraiser panel of an appraisal management company, the appraisal management company shall verify that the appraiser receiving the assignment meets the competency rule of th…

54-4129. appraisal review. Any employee of, or independent contractor to, the appraisal management company that performs an appraisal review shall be licensed or certified in this state or another state; provided that if a value opinion is provided, the person must be licensed in…

54-4130. appraiser compensation. Except in cases of breach of contract or substandard performance of services, an appraisal management company shall pay an appraiser for the completion of an appraisal or valuation assignment not later than forty-five (45) days after the date the …

54-4131. appraiser independence. (1) It shall be a violation of this act for any employee, director, officer or agent of an appraisal management company registered in this state to engage in any act or practice that violates appraisal independence as described in or pursuant to t…

54-4132. Additional powers of the board. In addition to the powers conferred elsewhere in this chapter, the board shall have the power under this act, in relation to appraisal management companies, to: (1) Authorize by written agreement the division of occupational and profession…

54-4133. enforcement. In addition to the powers conferred in section 54-4107(2), Idaho Code, the board may conduct investigations of AMCs and may, after notice and hearing, censure an appraisal management company, conditionally or unconditionally suspend, revoke or deny the issua…

54-4134. federal registry requirements. (1) The board shall collect from each AMC registered or seeking to be registered in this state the information that the appraisal subcommittee requires to be submitted to it by the state pursuant to regulations or guidance promulgated by th…

54-4301. SHORT TITLE. This act shall be known and may be cited as the "Respiratory Care Practice Act."

54-4302. LEGISLATIVE INTENT. To promote the highest degree of professional conduct on the part of persons providing respiratory care to the public and to assure the availability of respiratory care services of high quality to persons in need of such services, it is the intent of …

54-4303. DEFINITIONS. As used in this chapter: (1) "Allied health advisory board" means the Idaho allied health advisory board established pursuant to chapter 1, title 54, Idaho Code. (2) "Board" means the state board of medicine. (3) "Certified respiratory therapist" or "CRT" me…

54-4305. FEES. In accordance with section 54-103, Idaho Code, all fees received under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund. All costs and expenses incurred by the board or the allied health advisor…

54-4306. LICENSE OR PERMIT REQUIRED — provisional license or permit. (1) Except as otherwise provided in this chapter, it shall be unlawful for any person to practice or offer to practice respiratory care or polysomnography-related respiratory care or for a person or entity to re…

54-4307. POLYSOMNOGRAPHY-RELATED RESPIRATORY CARE. (1) Only persons who are licensed as respiratory care practitioners or who are exempt from licensure pursuant to section 54-4312, Idaho Code, or who hold a permit issued by the board under the provisions of this chapter may provi…

54-4308. REQUIREMENTS FOR LICENSURE. (1) A person who meets the requirements for licensure under the provisions of this section and who is not exempt from the requirements of this chapter pursuant to section 54-4312, Idaho Code, shall apply to the allied health advisory board for…

54-4309. ISSUANCE OF LICENSE OR PERMIT. The board shall issue a license to any person who meets the requirements of this chapter upon payment of the prescribed fees. The board may, in its discretion, by rule or regulation, provide for the proration of fees charged in conjunction …

54-4310. LICENSE OR PERMIT EXPIRATION AND RENEWAL. (1) A license or permit issued under the provisions of this chapter shall be subject to renewal every two (2) years and shall expire unless renewed in the manner prescribed by the rules for licensing and permitting related to res…

54-4311. SUSPENSION AND REVOCATION OF LICENSE OR PERMIT — REFUSAL TO RENEW. (1) Subject to the provisions of chapter 52, title 67, Idaho Code, the board may deny a license or permit or refuse to renew a license or permit, may suspend or revoke a license or permit, or may impose p…

54-4312. EXEMPTIONS. (1) Nothing in this chapter is to be construed as preventing or restricting the performance of respiratory care or requiring licensure or a permit pursuant to this chapter: (a) Of any person authorized in this state under any other law who carries out only th…

54-4313. MISREPRESENTATION — CONSUMER PROTECTION ACT. (1) The board may bring any action in the district court for a temporary restraining order, preliminary injunction, or permanent injunction against any person who violates the provisions of this chapter, who falsely holds hims…

54-4314. PENALTIES. Any person who violates any provision of this chapter shall, upon conviction, be guilty of a misdemeanor.

54-4315. SEVERABILITY. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of …

54-4401. Definitions. As used in this chapter: (1) "Board" means: (a) The state board of podiatry as established in chapter 6, title 54, Idaho Code; (b) The state board of chiropractic physicians as established in chapter 7, title 54, Idaho Code; (c) The state board of dentistry …

54-4402. Agreements with peer assistance entities. (1) The board may enter into agreements with peer assistance entities to undertake those functions and responsibilities specified in the agreements which assist the board in performing its duties, implementing disciplinary action…

54-4403. Records and proceedings of peer assistance entities. Except as provided in sections 54-4406 and 54-4407, Idaho Code: (1) The records and proceedings of a peer assistance entity which could be used to identify or provide information regarding individual past or present pa…

54-4404. Protected action and communication. There shall be no liability on the part of and no action for damages against: (1) Any board member, employee or contractor of a peer assistance entity for any action undertaken or performed by such person within the scope of the functi…

54-4405. Administrative rules. Pursuant to the provisions of chapter 52, title 67, Idaho Code, the division of occupational and professional licenses may promulgate such rules as are necessary to properly administer the addition of health care related boards as provided in sectio…

54-4406. Referral in addition to or in lieu of discipline. (1) In addition to or in lieu of any disciplinary action, the board may refer a licensee who is chemically dependent or physically or psychologically impaired to a peer assistance entity. (2) The peer assistance entity sh…

54-4407. Peer assistance entity to report to board. (1) The legislature recognizes that confidentiality is essential to obtaining maximum disclosure from impaired health care professionals; such disclosure is vital to the success of the peer assistance process. It is also recogni…

54-4501. Short title. The provisions of this chapter shall be known and may be cited as the "Public Works Construction Management Licensing Act of 1998."

54-4502. Legislative intent. In order to protect the public welfare and to promote the highest degree of professional conduct on the part of persons providing construction management services, the provisions of this chapter provide for the licensure of individuals and regulation …

54-4503. Definitions. As used in this chapter: (1) "Administrator" means the administrator of the Idaho division of occupational and professional licenses. (2) "Applicant" means an individual who applies for a license or interim license pursuant to the provisions of this chapter.…

54-4504. License required. (1) Except as otherwise provided herein, on and after the effective date of this chapter, it shall be unlawful for any person to act as a construction manager in public works construction or to practice or perform or offer to perform construction manage…

54-4505. Requirements for licensure. (1) Any individual who wishes to become licensed as a construction manager shall make written application to the administrator on such forms or in such manner as the administrator may prescribe. Each applicant shall provide such proof as the a…

54-4506. temporary licenses. (1) The administrator may issue a temporary license for a period not to exceed one (1) year to an applicant who provides satisfactory proof of possession of a valid construction manager’s license issued by another state pursuant to requirements substa…

54-4507. License renewal. (1) Each construction management license issued under the terms of this chapter shall expire and become invalid one (1) year after issuance unless renewed in the manner prescribed by the board. (2) Upon application, the administrator may grant inactive s…

54-4508. Disciplinary proceedings. (1) The administrator shall have the authority to deny or refuse to renew a license or certificate of authority, defer or precondition licensure, suspend or revoke a license, impose an administrative fine not to exceed twenty thousand dollars ($…

54-4509. Certificates of authority for firms. (1) No firm shall provide or hold itself out as providing construction management services unless it has a certificate of authority issued by the administrator. If one (1) or more principals or employees of a firm are licensed constru…

54-4510. Fees — Disposition of funds. (1) The board shall adopt by rule reasonable fees not to exceed two hundred dollars ($200) for each of the following: (a) Initial examination and licensing; (b) License renewal; (c) Inactive licenses; (d) License reinstatement; and (e) Issuan…

54-4511. award of contracts — Dual capacity. (1) Construction manager representative (CMR). A licensed construction manager and the firm of which he is a principal or full-time employee may be awarded a contract to act only as representative for an owner. In soliciting bids or aw…

54-4512. Requirement of bond. A licensed construction manager representative or firm providing public works construction management services shall be required to post a payment and performance bond or bonds in the amount of the total construction management contract to secure the…

54-4513. Penalties. Any person who violates any provision of this chapter shall, upon conviction, be guilty of a misdemeanor, and shall be punished by a fine not to exceed five thousand dollars ($5,000) or by imprisonment in the county jail for a term not to exceed one (1) year, …

54-4514. Injunctive relief. The administrator may bring an action in the district court for a temporary restraining order, preliminary injunction or permanent injunction against any person who violates the provisions of this chapter.