AGREEMENT FOR SERVICES BETWEEN
IDAHO STATE BOARD OF ARCHITECTURAL EXAMINERS
BUREAU OF OCCUPATIONAL LICENSES
Statutory authorization for this Agreement is
provided by Idaho Code § 67-2602, § 67-2604, and § 54-312.
A. BOARD. The Idaho State Board of Architectural Examiners.
IBOL. The Bureau of Occupational Licenses.
Certificate and certification. An official document issued by the IBOL
documenting the official record of an individual currently or previously under
the Board’s jurisdiction. The terms are also used to designate the formal
document issued by the IBOL to individuals who have been approved for licensure
by the Board.
D. Fiscal Year. A twelve-month span of time beginning at Midnight Mountain Daylight Time on July 1, and ending twelve months later at Midnight Mountain Daylight Time on July 1. The current Fiscal Year is the span of time beginning at Midnight Mountain Daylight Time July 1, 2004 and ending at Midnight Mountain Daylight Time July 1, 2005.
E. License. An annual document issued by the Bureau on behalf of the Board officially documenting the individual's right to practice a particular profession or operate at a specific physical location within the state of Idaho.
F. Registration and registry. The official public record list maintained by the IBOL of all individuals currently or previously under the jurisdiction of the Board.
Verification. An unofficial document or affirmation issued by the IBOL
containing the public record information of an individual currently or
previously under the Board’s jurisdiction.
The Idaho State Board of Architectural Examiners
(hereinafter the "Board") hereby engages the Bureau of Occupational
Licenses (hereinafter the "IBOL") to act as authorized agent of the
Board pursuant to Idaho Code § 67-2604 as set forth in this Agreement and EXHIBITS “A” through “E” hereto which, by this reference,
are incorporated herein and made a part hereof as set forth in full.
The IBOL is empowered by Chapter 26, Title 67, Idaho Code, to perform
those functions delegated to the IBOL by the Board under the terms of this
Agreement. The Board understands
that it is not required by law to enter into this Agreement, however, in the
absence of this Agreement, the IBOL is not required to act for the Board.
This Agreement shall be valid, after execution by the IBOL and the Board,
and upon the approval of the Attorney General for consistency with law as
required by Idaho Code § 67-2604(8).
As set forth in Idaho Code § 54-302, § 54-302A, and § 54-312, the Board retains the sole right and power to determine:
A. Whether an applicant for a license is required or qualified to take the required examination(s);
B. The content and format of the required examination(s);
C. What constitutes a satisfactory performance on the examination(s);
D. Whether an applicant for a license has met the requirements for licensure, including applicants for licensure by renewal, reciprocity, endorsement, and reinstatement;
E. When and whether to exercise the Board's rule making authority;
F. Whether particular conduct constitutes a violation of the laws and rules governing the profession and what, if any, discipline is appropriate;
G. Whether to settle a contested case or pending lawsuit; and
Any other rights or powers as may be set forth in Title 54, Chapter 3,
Idaho Code, to the extent that they are not specifically delegated to the IBOL.
AND RESERVED AUTHORITY
The IBOL has the authority to act on behalf of the
Board as its authorized agent only to the extent specifically delegated to the
IBOL by the Board. The Board hereby
reserves all of the Board's rights, duties, obligations, and authority as set
forth in Title 54, Chapter 3, Idaho Code, or elsewhere, which are not expressly
delegated to the IBOL in this Agreement. Any
authority of the Board granted to the IBOL hereunder may be exercised by the
IBOL in the IBOL's name or in the name of the Board unless otherwise provided by
On behalf of the Board, the IBOL shall distribute all application materials and receive all completed applications for licenses and shall collect all applicable fees. (Idaho Code §54-304) The IBOL shall verify that the application is complete and shall:
A. Ascertain whether the applicant has submitted the required education and experience requirements and has received a passing score on any required examinations reported on the application;
B. Determine whether the applicant is or has been licensed in another state;
Determine the validity of all documents certifying applicant education,
experience, and identity;
Research and report to the Board any discoverable disciplinary or
criminal action that may have been taken against the applicant;
Conduct such other research as may be necessary to determine applicant
competency for licensure.
The IBOL shall report its findings and make recommendations concerning the application for licensure to the Board.
The IBOL shall not be required to conduct an
independent investigation to verify the accuracy and truthfulness of any
application except to the extent that, from the face of the application or other
documents or evidence in the possession of the IBOL, the IBOL is, or should be,
placed on notice that the applicant has been licensed, disciplined or prosecuted
for a violation of criminal law in any jurisdiction.
In the event that the IBOL, by virtue of information supplied by the
applicant or otherwise, is placed on notice of any information relevant to the
application and licensure process, the IBOL shall take such steps and conduct
such investigations and inquiries as may be reasonably necessary to ascertain
the accuracy and truthfulness of those matters set forth in the application.
The IBOL shall conduct such inquiries or investigations if the applicant
lists other states in which the applicant has been licensed, disciplined, or
prosecuted, or if the application contains facts which could reasonably lead the
IBOL to conclude that further investigation is necessary to insure that all
reasonably discoverable and relevant facts regarding the applicant are brought
to the attention of the Board. This
paragraph shall apply with equal force and effect to applications and other
matters described in sections 8, 9, 10, and 13 hereof.
Pursuant to Idaho Code §54-303, where application information is verified as accurate and sufficient, the IBOL shall perform those tasks from the following list as may be necessary:
A. The IBOL shall distribute and receive all applications for examination and/or licensure and collect such fees as may be required;
The IBOL shall assist in administering, conducting, proctoring, and
monitoring the examination of qualified applicants.
The IBOL shall report all examination results to the Board.
The IBOL shall notify applicants of any appeal rights in connection with
The IBOL shall be authorized to act on the Board's behalf in such
administrative examination matters as may be necessary to insure that fair,
impartial, and lawful examinations are provided to all applicants.
The IBOL shall, in accordance with the IBOL Policy for ADA Requests and
Accommodation, accept, review and approve or deny, either partially or in full,
all requests for accommodation under the Americans with Disabilities Act.
RECIPROCAL OR ENDORSEMENT LICENSES
As authorized by Idaho Code § 54-302A, the IBOL
shall distribute and receive all applications for reciprocal or endorsement
licenses and shall collect all required
IBOL shall review the application for completeness and shall conduct an
investigation of licensure status in other state(s), as disclosed by the
application, to determine whether the applicant meets all of the requirements
set forth for licensure in Chapter 3, Title 54, Idaho Code.
The IBOL shall receive all submissions for approval of continuing education courses, whether the request is from an individual licensee or the sponsor of a proposed course. The IBOL shall, maintain a record of continuing education courses approved by the Board in a form acceptable to the Board.
The IBOL shall, as
requested by the Board, conduct annual random continuing education audits,
requesting certified documentation of attendance and other such information as
the Board may require. Upon receipt
by the IBOL of the required documentation, or the expiration of the audited
licensee's license, the IBOL shall prepare a report of the audited licensees and
present all documentation received to the Board for its review.
ISSUANCE OF LICENSES
Upon notification to
the IBOL by the Board that an applicant has satisfactorily met all requirements
for licensure as allowed by law, the IBOL shall collect
such fees as may be required and issue a license on behalf of the Board,
evidencing the fact that the holder of such license is authorized to practice
the profession regulated by the Board within the State of Idaho. (Idaho Code §
54-304 and § 67-2613)
RENEWAL AND REINSTATEMENT OF LICENSES
The IBOL shall circulate renewal notices to all licensees and collect such fees as may be authorized by Idaho law for the renewal of licenses. The IBOL shall notify licensees that their licenses are subject to cancellation for non-payment of fees that are required to be paid by licensees pursuant to Idaho law. The IBOL shall upon request report to the Board the names of those licensees whose licenses have been cancelled for non-payment of fees at the completion of the renewal period.
The IBOL shall accept applications and collect
fees, including penalties for reinstatement, from licensees whose licenses have
been cancelled for failure to renew in a timely
manner. The IBOL shall report to
the Board the names of any licensees whose applications for renewal or
reinstatement require Board action.
The IBOL shall review the
application for completeness to determine and investigate any reports of
criminal conduct or changes in licensure status based upon records or other
information in the IBOL's possession.
If, based on its review, the IBOL determines that the applicant is not
the holder of a cancelled, restricted, or revoked license; is not the subject of
criminal or disciplinary action in any other jurisdiction; and meets all other
criteria set forth at Idaho Code §54-304, the
IBOL shall cause a current license to be
issued. In all other cases, the
IBOL shall refer the matter directly to the Board.
As described in EXHIBIT
A, the IBOL shall receive complaints against licensees and acknowledge
receipt of complaints in writing on behalf of the Board.
The IBOL shall review complaints to determine if the complaint falls within the
Board's regulatory authority and shall refer those that are within that
authority for investigation by the IBOL. The
IBOL may close those complaints that are not within Board regulatory authority,
and may refer such complaints to other jurisdictions or authorities as may be
appropriate. The IBOL shall notify
the complaining party of the IBOL's action and the basis for the action.
The IBOL shall conduct investigations of complaints
within the Board's authority and shall, as is necessary, work with a
professional advisor who shall be named by the Board, to resolve questions or
concerns regarding individual complaints. The
IBOL shall report the results of investigations to
the Board or its designee to determine if further action is appropriate.
The IBOL shall take such actions as the Board may direct and report that
action to the complainant.
The IBOL shall report the substance of any report
or complaint that is determined by the Board or its designee to require formal
disciplinary action to the Office of the Attorney General ("OAG"). If requested by the OAG, the IBOL shall on behalf of the
Board, provide assistance to the OAG in the preparation of a formal
administrative complaint and the presentation of the State's case at any
disciplinary proceeding held by the Board.
(Idaho Code § 54-305and § 67-2609)
The forgoing duties of the IBOL shall be in accord with EXHIBIT
A and the Idaho
Administrative Procedures Act.
The IBOL shall
report the substance of any verified report of the unlicensed practice of the
profession regulated by the Board or other reports that may require
consideration for criminal prosecution to the Board. If the Board so requests, the IBOL shall refer the matter to
the office of the appropriate county prosecutor.
If requested by the county prosecutor, the IBOL shall provide assistance
to the county prosecutor in the preparation of a criminal complaint and the
presentation of the State's case against any person for the unlicensed practice
of the profession regulated by the Board. (Idaho
Code § 54-310).
The IBOL shall prepare and provide reports to the
Board, at regularly scheduled Board meetings, reflecting the number of
complaints: (1) received for the Board; (2) closed for lack of Board authority;
(3) investigated and closed (with explanation of the basis for closure); (4)
currently under investigation (and date originally received); (5) referred for
legal review; (6) referred for criminal prosecution; (7) pending disciplinary
action; (8) actions currently on appeal; and (9) other
such complaint information as the Board may request.
Consistent with the requirements of Idaho Code § 9-337, the IBOL is hereby appointed to be and is deemed the custodian of those Board records in the physical custody of the IBOL pursuant to the terms of this Agreement or otherwise. The Board is deemed to be the custodian for purposes of Idaho Code § 9-337 of all of the records in the Board's custody. With the assistance of the Board and Licensees, the IBOL shall keep records of:
B. All licenses issued, revoked, suspended, and/or cancelled;
of record for each
D. All written complaints and investigations arising there from involving any licensee;
E. Minutes of all Board meetings and other proceedings;
F. Any other records or documents required by the Board to be kept pursuant to relevant statutes or rules.
As custodian of the Board's records, the IBOL shall, with the assistance of the administrative attorney when necessary, receive, review, and prepare timely responses to requests for public records in accordance with the requirements of the Idaho Public Records Law, Idaho Code § 9-337, et. Seq. ("Act"). The Board agrees that, so long as the IBOL is, pursuant to this Agreement or otherwise, the custodian of the Board's records, the IBOL is required to release public records upon request as may be required by the Act. The IBOL shall have the authority to respond to requests for public records in all routine matters.
The IBOL shall consult with the Board or its
designee before responding to any non-routine request or any request for records
other than records specifically subject to the Act, and when the requested
records are not specifically defined as a public record under Idaho law.
As required by Idaho Code §54-304, all fees and other funds received by the IBOL on behalf of the Board shall be deposited with the State Treasurer in the occupational licenses account created pursuant to Idaho Code § 67-2605, to the credit of the occupational licenses account. Records of the IBOL shall identify and reflect all sums administered by the IBOL that are held by the treasurer to the credit of the Board. Pursuant to Idaho Code § 67-2606, no moneys in the IBOL account with the State Treasurer may be expended except by legislative appropriation.
All expenses of the IBOL, including salaries or wages of employees, incurred in administering the provisions of law relative to the Board, shall be paid by warrants drawn by the State Controller upon the account of the IBOL held by the State Treasurer upon allowance of verified claims by the State Board of Examiners in the manner provided by law and consistent with Idaho Code § 67-2603 and § 67-2606.
Payments made by the IBOL on behalf of the Board shall be made only to the extent that funds are available according to the IBOL internal records related to the Board's financial status. However, at the request of the Board, the IBOL may, in its sole discretion and under unique circumstances, pay Board expenses when the Board's internal account with the IBOL lacks the funds necessary to make such payment. If such an exceptional payment is made by the IBOL on behalf of the Board, the IBOL may take such action, or require the Board to take such action, as may be reasonably necessary to fund the Board's internal account to cover any and all such payments.
The IBOL shall maintain all books of accounts for the Board and provide an accounting at the Board's request for all funds received and expended on behalf of the Board by the IBOL. The IBOL shall, to the extent Board funds are available, process for payment to any Board member, travel reimbursement documents and any other expenditure vouchers and authorizations which meet the requirements of the State Board of Examiners, the Board statutes and rules, or as authorized by motion of the Board.
The IBOL shall
prepare and distribute to the Board, on an annual basis, a budget request
form to be used by the IBOL in preparation of the IBOL's budget for submission
to the Division of Financial management.
Consistent with the provisions of Idaho Code § 67-2603, the IBOL shall have the authority to hire its own employees such as may be necessary to carry out its statutory duties and obligations and the duties and obligations under this Agreement. Such employees are and shall continue to be, the employees of the State of Idaho and the IBOL has the sole authority to hire, fire, discipline, and direct the duties of said employees in a manner consistent with state law. The IBOL also has the authority to enter into contracts for services with individuals, corporations, or with departments or branches of government as may be necessary or desirable to carry out its mission or to fulfill its obligations as set forth in Chapter 26, Title 67, Idaho Code. Any such contract shall be between the IBOL and the contractor and the Board shall have no rights in, under, or pursuant to any such contract except to the extent that the contract is intended to specifically provide services for the benefit of the Board. In such event the Board shall be notified of such contracts and the anticipated costs.
Nothing in this Agreement shall be interpreted to
constitute a delegation by the Board of the Board's authority to hire, fire,
discipline, and direct duties of the Board's employees nor to constitute a
delegation of the Board's authority to contract with other individuals or
entities for any lawful purpose as may be set forth
in Idaho Code. The Board has the
authority to enter into contracts for services with individuals, corporations or
with departments or branches of government as may be necessary or desirable to
carry out its mission or to fulfill its obligations.
Such contracts shall be between the Board and its contractor, regardless
of whether the contract is executed by the Board or by the IBOL on behalf of the
Board at its discretion. The
provisions of this paragraph are specifically subject to the limitations on the
Board's spending authority and its account with the IBOL as set forth under
Idaho law and pursuant to Sections 19 and 28 hereof.
The IBOL employees shall be bonded as required by
the provisions of Chapter 8, Title 59, Idaho Code.
This requirement shall be satisfied by the inclusion of each such person
as an employee of the State of Idaho in the blanket surety bond procured by the
Department of Administration, Office of Insurance Management - Risk Management.
The IBOL shall assist the Board in promulgating
those rules that the Board deems necessary and appropriate.
The IBOL shall assist the Board by providing the clerical,
The IBOL shall provide the Board with clerical,
and legal support related to the
legislative process. The IBOL shall
provide support by: keeping the Board apprised of relevant time frames and
deadlines; assisting in drafting legislation as requested by the Board; assuring
compliance with applicable requirements of the Division of Financial Management
or other governmental entities concerning the pre-approval and submission
process; tracking the status of proposed legislation; and testifying concerning
said legislation as requested by the Board.
In carrying out all
of its tasks pursuant to this Agreement, the IBOL shall generally provide
secretarial, clerical, and technical support.
This shall include, but is not limited to, providing secretarial
services, financial services, investigative services, legal services, and other
administrative services to the Board.
COST OF SERVICES
As required by Idaho Code § 67-2604(4), the
approximate costs of the services provided the Board by the IBOL and the terms
of compensation by the Board to the IBOL for the services rendered are set forth
in EXHIBIT "C" hereto.
OR MODIFICATION OF AGREEMENT
This Agreement may be modified or amended only with the written consent of both parties.
Except as set forth in this Section 26, the Board may terminate this Agreement in resolution adopted by a majority vote of the members of the Board delivered in writing to the IBOL. The IBOL may terminate this Agreement by written notice delivered to the Board. Notice of termination must be delivered to the other party at least thirty (30) days in advance of the effective date of such termination.
The IBOL's fixed costs ("Fixed Costs") are described in the attached EXHIBIT "D". The Board may not terminate this Agreement during a fiscal year in which the Board's internal account with the IBOL has a negative balance or when the balance in the Board's internal account is insufficient to pay the Board's share of the IBOL's Fixed Costs for that year. Further, once the IBOL has submitted a final budget request for the next following fiscal year, the Board may not terminate this Agreement except by payment of the Board's anticipated share of the IBOL's Fixed Costs for that next following fiscal year.
The Board does not have statutory authority to receive, nor does it receive, a direct appropriation from the Idaho Legislature. The IBOL's enabling legislation mandates that the IBOL shall provide services for the Board pursuant to Idaho Code § 67-2602. All monies available to the Board are made available to the Board through the IBOL's legislative appropriation.
In the event of termination of this Agreement by either party hereto, Section 19 of this Agreement ("Section 19 Services") shall remain in full force and effect as between the parties unless and until the Board is granted statutory authorization for, and receives, a direct legislative appropriation of funds and unless and until the legislature enacts legislation modifying or eliminating the existing statutory relationship between the Board and the IBOL. Notwithstanding the termination of this Agreement by either party, the IBOL agrees to provide the Board with the Section 19 Services and the Board agrees to pay to the IBOL a reasonable fee for the Section 19 Services. The amount of such fee is set forth on EXHIBIT "D" in accordance with EXHIBIT "E" hereto.
In the event of termination of this Agreement by either party, the Board shall pay its share of the Fixed Costs for the fiscal year in which the notice of termination is given and for the next following fiscal year if the IBOL's final budget request for that next following fiscal year has been submitted prior to the notice of termination.
In the event either party terminates this
Agreement, and in the further event that the Board's internal account with the
IBOL contains a positive balance, the IBOL shall be entitled to transfer funds
from the Board's internal account for the Board's share of the IBOL's Fixed
Costs to the benefit of the IBOL. In
the event the IBOL terminates this Agreement, and in the further event that the
Board's internal account with the IBOL has a negative or a balance which is
insufficient to pay the Board's obligations owed to the IBOL hereunder, the IBOL
shall be entitled to pursue legal action against the Board for collection of any
amount due and owing by the Board to the IBOL under the terms of this Agreement.
Any notice required or allowed in connection with this Agreement shall be effective when delivered. All such notices shall be in writing and shall be delivered either personally to the other party, by certified mail, postage prepaid, or return receipt requested, to the addressee provided below or by facsimile transmission to the other party at the facsimile number below. Either party may change its address by giving written notice of the change to the other party.
TO: Stanley A. Cole, Chairman TO: Rayola Jacobsen, Bureau Chief
Board of Architectural Examiners Bureau of Occupational Licenses
960 Broadway Ave, Suite 240 1109 Main St., Suite 220
Boise, ID 83706 Boise, ID 83702
Facsimile: (208) 331-3244 Facsimile: (208) 334-3945
It is understood and agreed that the Board and the
IBOL are governmental entities of the state of Idaho and this Agreement shall in
no way be construed to bind or obligate the State of Idaho beyond the term of
any particular appropriation of funds by the State Legislature as may exist from
time to time.
Each paragraph and provision of this Agreement is
severable from the entire Agreement, and if any provision is declared invalid,
the remaining provisions shall nevertheless remain in effect unless and until
this Agreement is terminated or modified.
The Agreement shall be effective beginning at Midnight Mountain Daylight Time July 1, 2004 and shall automatically terminate at Midnight Mountain Daylight Time on July 1, 2005, unless otherwise approved for renewal by agreement of the parties or otherwise terminated as provided herein.
IN WITNESS WHEREOF the parties have caused this Agreement to be executed by the following duly authorized representatives of the parties this _____ day of _____________, 2004.
THE BOARD FOR
THE BUREAU OF OCCUPATIONAL LICENSES
By: __________________________________ By: _______________________________
Board Chairman Bureau Chief
THE OFFICE OF THE IDAHO ATTORNEY GENERAL
By: __________________________________ Date: _____________________________
Deputy Attorney General
COMPLAINT POLICY AND PROCEDURE
The IBOL has a policy of operating from written
and signed complaints. Persons
attempting to submit verbal or 3rd party complaints shall be advised
that all complaints must be in writing and signed by the complainant before the
IBOL shall consider them.
The IBOL performs an initial brief review of all new complaints to insure
that adequate information has been submitted and that jurisdiction exists.
If additional information is necessary, a letter of request is sent to
the complainant. If the complaint
is determined to be outside the jurisdiction of a board, the complainant is
notified of that fact, as well as other avenues that may be pursued.
The complaint may also be referred to another governmental entity for
If further action on a complaint is warranted,
subsequent to review, the original complaint document shall be assigned a
complaint number by the IBOL. The IBOL prepares both a master file and an
investigative file, and registers the complaint number in the complaint log. The
complaint is then assigned to the investigative unit for such investigation as
may be necessary to discover evidence as to whether or not a violation of the
applicable regulations has occurred. The master files are kept in the IBOL
office. The master file for each complaint will ultimately consist of the
original complaint, investigative documents, evidence, and correspondence
received during the course of investigation. The complainant shall be provided
written notification that an investigation will take place and notice of the
results of the investigation or subsequent action when the process is complete.
The IBOL will conduct a review of all new and
existing complaints on a regular basis. Each
complaint will be reviewed to monitor the current status of the complaint, to
receive investigative progress reports, and to determine any appropriate action
that may be necessary. The
complaint may be referred to a technical advisor for input at any time during
the process. The technical advisers
are chosen from names recommended by the Board or from other licensees as may be
necessary to provide expert opinions concerning professional ethics, scopes of
practice, and other evaluations of professional procedure as may be necessary.
If a Board member serves as a technical advisor for a particular investigation,
the IBOL will recommend that the member be recused from any subsequent board
action concerning the matter.
Once the investigation is deemed complete and adequate, the IBOL will either make recommendation to the Board regarding possible action or refer the investigation to a deputy from the Office of the Attorney General for review. The Deputy Attorney General (DAG) will serve as prosecuting attorney and will review the investigation to determine if some form of legal action would be appropriate to address the issues in the complaint. The DAG will present a “blind” review of the investigation to the Board, together with a recommendation of possible action. The Board shall provide such direction and recommendations as may be necessary to allow the IBOL or the DAG to pursue the resolution of complaints. Such final resolution may include closure without action or any other action up to and including license revocation. The Board, the IBOL, or the DAG may refer complaints to other appropriate city, county, or Federal authorities for further review or action.
The board shall be notified prior to any final action on a complaint under the Board’s jurisdiction. While Formal Complaints may be initially approved by the IBOL, all final determinations regarding Formal Complaint shall only be made subsequent to the approval of the Board. Consent agreements may be negotiated between the DAG and the respondent prior to presentation to the Board, but the final decision making authority shall always rest with the Board. The board must formally accept all consent agreements, final orders, and other disciplinary actions before they shall be considered valid.
Original complaints and other materials submitted to or obtained by the IBOL, during the course of investigation or otherwise, and the subsequent action regarding original complaints shall not be a public record and shall not be disclosed. Formal disciplinary action including consent orders, stipulated agreements, formal complaints and any resulting sanction, restriction, advisory, reprimand, and condition adopted by the Board shall be a public record and subject to public disclosure.
As authorized by Idaho Code, and directed by the Board, investigators of the IBOL shall conduct inspections of facility premises in order to insure that sanitary and other licensure regulations as may be required by law and rule are being followed.
Subsequent to each facility inspection, the IBOL investigator shall issue a certification of inspection, noting that the facility is either in compliance or in non-compliance with the regulations. The grading scale for facility inspections shall be as follows:
through 100 points = “A” classification
through 89 points = “B” classification.
score of 79 points or below = “C” classification.
(A “C” classification denotes unacceptable conditions and non-compliance. Required improvements must be demonstrated within thirty (30) days for continued operation.)
the event unacceptable conditions are found to exist in any facility, the IBOL
investigator will issue a “C” classification.
The IBOL investigator will provide notice to the facility of the reasons
for non-compliance and of the intent to conduct such re-inspections as may be
necessary. Upon the issuance of a
“C” classification to a facility by the IBOL investigator, the IBOL
investigator will prepare a report of said inspection and file that report with
IBOL investigator shall conduct a re-inspection of the facility within thirty
(30) days of the date of the initial “C” classification issuance. If
facility conditions, at the time of re-inspection, are deemed by the IBOL
investigator to be unacceptable and in non-compliance with the laws and rules,
the IBOL investigator will prepare a notice citing the reasons for
non-compliance and serve the facility with said notice.
The notice shall include notification of the IBOL’s intent to file a
request for disciplinary action with the Board.
IBOL investigator shall prepare a Report of Non-compliance concerning the
re-inspection and file it with the IBOL. Upon
receipt of the report, the IBOL shall request that the prosecuting Deputy
Attorney General prepare a formal complaint for disciplinary action against the
facility license and others as may be appropriate.
Said formal complaint shall be presented to the Board for their
consideration and action.
The IBOL shall charge the Bureau of Occupational Licenses Fund (Fund
#427) for all direct expenses, commonly referred to as “direct costs.”
Direct costs are those expenses incurred by the Board or the IBOL
relating to carrying out the duties of the Board and that can be directly
attributable to an individual Board.
The IBOL shall also
charge Fund #427 a pro-rata share of the IBOL's indirect expenses, commonly
referred to as "indirect costs." Indirect costs are those expenses regularly incurred in the
operation of the IBOL that cannot be directly attributable to any individual
Board and, therefore, cannot be included in the direct expenses charged to the
Board. Indirect cost percentages
are calculated for administrative services, investigative services, and fiscal
indirect administrative percentage is based
on an average of the total direct and indirect
expenses for the previous two fiscal years.
The indirect investigative percentage is based on an average of actual
direct investigative hours charged to the board for the previous three fiscal
years. The indirect fiscal
percentage is based on the total number of individual
records maintained plus the total number
of financial transactions processed
during the previous fiscal year.
The approximate percentage shares of indirect expenses to be charged to the Board are:
total fiscal year Board budget is calculated by combining the Board's estimated
direct expenses and the Board's estimated indirect expenses.
The Board’s estimated Total Board Budget for fiscal year 2005
TERMINATION FEE SCHEDULE
As noted in Section 26 Termination or Modification of Agreement, in the event of termination of this Agreement by either party, the Board shall pay its share of the Fixed Costs for the fiscal year in which the notice of termination is given and for the next following fiscal year if the IBOL's final budget request for that next following fiscal year has been submitted prior to the notice of termination. All funds deposited in the IBOL fund become the funds of the IBOL and shall not be transferred to the Board as a result of the Termination or Modification of the Agreement unless otherwise required by Idaho Code.
Upon receipt of the notice of termination the total amount of the Board's internal fund balance necessary to pay for all budgeted fixed costs shall be subtracted from the Board's internal fund balance. If upon receipt of the notice of termination, the IBOL has submitted its final budget request for the next following fiscal year, all budgeted fixed costs for said fiscal year shall also be subtracted from the Board's internal fund balance.
If the Board's internal fund balance contains insufficient funds to pay its share of the IBOL fixed costs, the notice of termination shall be deemed non-binding until such time as the Board's fund balance is sufficient to pay its share of all fixed costs budgeted for the Board.
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Last Modified - Sunday, March 08, 2009