AGREEMENT FOR SERVICES BETWEEN

THE IDAHO STATE ATHLETIC COMMISSION

AND

THE BUREAU OF OCCUPATIONAL LICENSES

 

1.

STATUTORY AUTHORITY

            Statutory authorization for this Agreement is provided by Idaho Code § 67-2602, § 67-2604, and Senate Bill 1469, Fifty-eighth Legislature

2.

DEFINITIONS

A.                 Commission. The Idaho State Athletic Commission

B.                 IBOL. The Bureau of Occupational Licenses.

C.                 Certificate and certification. An official document issued by the IBOL documenting the official record of an individual currently or previously under the Commission’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 Commission.

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, 2006 and ending at Midnight Mountain Daylight Time July 1, 2007.

E.                  License. An annual document issued by the Bureau on behalf of the Commission officially documenting the individual's right to practice a particular profession or operate at a specific physical location within the state of Idaho. 

F.                  Permit. A document issued by the Bureau on behalf of the Commission that authorizes a particular practice or event. Permits are valid for a specified time period and may identify a specific location.

G.                 Registration and registry. The official public record list maintained by the IBOL of all individuals currently or previously under the jurisdiction of the Commission.

H.                 Verification. An unofficial document or affirmation issued by the IBOL containing the public record information of an individual currently or previously under the Commission’s jurisdiction.

 

3.

ENGAGEMENT

            The Idaho State Athletic Commission (hereinafter the "Commission") hereby engages the Bureau of Occupational Licenses (hereinafter the "IBOL") to act as authorized agent of the Commission 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 Commission under the terms of this Agreement.  The Commission 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 Commission.  This Agreement shall be valid, after execution by the IBOL and the Commission, and upon the approval of the Attorney General for consistency with law as required by Idaho Code § 67-2604(8).

 

4.

EXCLUSIVE POWERS

            As set forth in Title 54, Chapter 4, Idaho Code, the Commission retains the sole right and power to determine:

A.                 Whether an applicant for a license or permit is required or qualified to take the examination(s) or otherwise meets the requirements to receive a license or permit;

B.                 The content and format of any required examination(s);

C.                 What constitutes a satisfactory performance regarding the examination(s);

D.                 Whether an applicant for a license or permit has met the requirements;

E.                  When and whether to exercise 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

H.                 Any other rights or powers as may be set forth in Title 54, Chapter 4, Idaho Code, to the extent that they are not specifically delegated to the IBOL.

I.                    Other: NONE.

 

5.

DELEGATED AND RESERVED AUTHORITY

            The IBOL has the authority to act on behalf of the Commission as its authorized agent only to the extent specifically delegated to the IBOL by the Commission.  The Commission hereby reserves all of the Commission's rights, duties, obligations, and authority as set forth in Title 54, Chapter 4, Idaho Code, or elsewhere, which are not expressly delegated to the IBOL in this Agreement.  Any authority of the Commission granted to the IBOL hereunder may be exercised by the IBOL in the IBOL's name or in the name of the Commission unless otherwise provided by law.

 

6.

APPLICATIONS FOR PERMITS AND LICENSURE

            On behalf of the Commission, the IBOL shall distribute all application materials and receive all completed applications for licenses and permits and shall collect all applicable fees. (Idaho Code §§ 54-405, 54-406, 54-408, 54-409, 54-410 and 54-416) The IBOL shall verify that applications are complete and shall:

A.                 Ascertain whether the applicant has submitted the required education, training and experience requirements and has successfully passed any required examinations;

B.                 Determine whether the applicant is or has been licensed in another state and the current status of said license(s);

C.                 Determine the validity of all documents certifying applicant education, training, experience, and identity;

D.                 Research and report to the Commission any discoverable disciplinary or criminal action that may have been taken against the applicant;

E.                  Determine whether the applicant has met any applicable bonding requirement;

F.                  Determine whether the applicant has met any applicable insurance requirement

G.                 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 Commission.

            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 Commission.  This paragraph shall apply with equal force and effect to applications and other matters described in sections 8, 9, 10, and 13 hereof.

 

7.

EXAMINATIONS FOR LICENSURE

            NOT APPLICABLE

 

8.

FACILITY PERMITS AND LICENSES

The IBOL shall distribute application materials and receive any completed applications for facility licensure or permit and collect all required fees.  (Idaho Code § § 54-405, 54-406, and 54-421)  The IBOL shall review applications for completeness and compliance with statutory and regulatory requirements and shall conduct physical inspections of the premises pursuant to Section 9 hereof as authorized in Idaho Code § § 54-405, 54-406, 54-408, 54-409, and 54-410.

            If the IBOL is able to determine that the facility meets all of the requirements set forth in Title 54, Chapter 4, Idaho Code, the IBOL shall issue a facility license or permit and so advise the Commission.  If the IBOL is unable to determine that the facility meets the requirements, the IBOL shall report its findings to the Commission. 

 

9.

FACILITY INSPECTIONS

As authorized and required by Title 54, Chapter 4, Idaho Code, the IBOL shall conduct premises inspections, issue inspection certifications for both compliance and non-compliance, and conduct re-inspections of any premises found to be in non-compliance.  If, on re-inspection or otherwise, the IBOL finds non-compliance, the IBOL shall follow the procedure set forth in EXHIBIT B hereto ("Inspection Non-Compliance Procedure").

 

10.

RECIPROCAL OR ENDORSEMENT LICENSES

               

NOT APPLICABLE

11.

CONTINUING EDUCATION

 

NOT APPLICABLE

 12.

ISSUANCE OF PERMITS AND LICENSES

Upon notification to the IBOL by the Commission that an applicant has satisfactorily met all requirements for licensure or permit as allowed by law, the IBOL shall collect such fees as may be required and issue a license or permit on behalf of the Commission, evidencing the fact that the holder of such license or permit is authorized to practice the profession regulated by the Commission within the State of Idaho. (Idaho Code § § 54-405, 54-406, 54-408, 54-409, 54-410, 54-416 and 67-2613)

 

13.

RENEWAL AND REINSTATEMENT OF LICENSES

 

NOT APPLICABLE

14.

COMPLAINTS

As described in EXHIBIT A, the IBOL shall receive complaints against licensees and acknowledge receipt of complaints in writing on behalf of the Commission. The IBOL shall review complaints to determine if the complaint falls within the Commission'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 Commission 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 Commission's authority and shall, as is necessary, work with a professional advisor who shall be named by the Commission, to resolve questions or concerns regarding individual complaints.  The IBOL shall report the results of investigations to the Commission or its designee to determine if further action is appropriate.  The IBOL shall take such actions as the Commission may direct and report that action to the complainant.

 

15.

DISCIPLINARY PROCEEDINGS

            The IBOL shall report the substance of any report or complaint that is determined by the Commission 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 Commission, 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 Commission.  (Idaho Code § § 54-417, 54-418, 54-419, 54-420 and 67-2609)  The forgoing duties of the IBOL shall be in accord with EXHIBIT A and the Idaho Administrative Procedures Act.

 

16.

CRIMINAL PROSECUTION, INJUNCTIONS AND RESTRAINING ORDERS

The IBOL shall report the substance of any verified report of the unlawful practice of the profession regulated by the Commission or other reports that may require consideration for criminal prosecution or the issuance of injunctions and restraining orders to the Commission.  If the Commission 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 unlawful practice of the profession regulated by the Commission.  (Idaho Code § 54-420).

 

17.

DISCIPLINARY REPORTING

            The IBOL shall prepare and provide reports to the Commission, at regularly scheduled Commission meetings, reflecting the number of complaints: (1) received for the Commission; (2) closed for lack of Commission 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 administrative action, criminal prosecution or civil action; (7) pending disciplinary action; (8) actions currently on appeal; and (9) other such complaint information as the Commission may request.

 

18.

COMMISSION RECORDS

Consistent with the requirements of Idaho Code § 9-337, the IBOL is hereby appointed to be and is deemed the custodian of those Commission records in the physical custody of the IBOL pursuant to the terms of this Agreement or otherwise.  The Commission is deemed to be the custodian for purposes of Idaho Code § 9-337 of all of the records in the Commission's custody.  With the assistance of the Commission and Licensees, the IBOL shall keep records of:

A.                 All applications;

B.                 All licenses issued, revoked, suspended, and/or cancelled;

C.                 An address of record for each licensee;

D.                 All written complaints and investigations arising therefrom involving any licensee;

E.                  Minutes of all Commission meetings and other proceedings;

F.                  Any other records or documents required by the Commission to be kept pursuant to relevant statutes or rules.

As custodian of the Commission'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 Commission agrees that, so long as the IBOL is, pursuant to this Agreement or otherwise, the custodian of the Commission'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 Commission 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.

 

19.

COMMISSION ACCOUNTS

As required by Idaho Code § 67-2505, all fees and other funds received by the IBOL on behalf of the Commission 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 Commission.  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 Commission, 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 Commission 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 Commission shall be made only to the extent that funds are available according to the IBOL internal records related to the Commission's financial status.  However, at the request of the Commission, the IBOL may, in its sole discretion and under unique circumstances, pay Commission expenses when the Commission'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 Commission, the IBOL may take such action, or require the Commission to take such action, as may be reasonably necessary to fund the Commission's internal account to cover any and all such payments.

            The IBOL shall maintain all books of accounts for the Commission and provide an accounting at the Commission's request for all funds received and expended on behalf of the Commission by the IBOL.  The IBOL shall, to the extent Commission funds are available, process for payment to any Commission member, travel reimbursement documents and any other expenditure vouchers and authorizations which meet the requirements of the State Commission of Examiners, the Commission statutes and rules, or as authorized by motion of the Commission.

            The IBOL shall prepare and distribute to the Commission, 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.

 

20.

EMPLOYMENT AUTHORITY

            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 Commission 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 Commission.  In such event the Commission shall be notified of such contracts and the anticipated costs.

            Nothing in this Agreement shall be interpreted to constitute a delegation by the Commission of the Commission's authority to hire, fire, discipline, and direct duties of the Commission's employees nor to constitute a delegation of the Commission's authority to contract with other individuals or entities for any lawful purpose as may be set forth in Idaho Code.  The Commission 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 Commission and its contractor, regardless of whether the contract is executed by the Commission or by the IBOL on behalf of the Commission at its discretion.  The provisions of this paragraph are specifically subject to the limitations on the Commission's spending authority and its account with the IBOL as set forth under Idaho law and pursuant to Sections 19 and 28 hereof.

 

21.

BONDING

            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.

 

22.

RULEMAKING

            The IBOL shall assist the Commission in promulgating those rules that the Commission deems necessary and appropriate.  The IBOL shall assist the Commission by providing the clerical, technical, administrative and legal support necessary to comply with the Administrative Procedures Act, the requirements of the Office of the Rules Coordinator, any legislative mandates or moratoriums concerning rule making, and any other applicable requirements that impact the rule promulgation process. 

 

23.

LEGISLATION

            The IBOL shall provide the Commission with clerical, technical, administrative and legal support related to the legislative process.  The IBOL shall provide support by: keeping the Commission apprised of relevant time frames and deadlines; assisting in drafting legislation as requested by the Commission; 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 Commission.

 

24.

MISCELLANEOUS

            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 Commission.

 

25.

COST OF SERVICES

            As required by Idaho Code § 67-2604(4), the approximate costs of the services provided the Commission by the IBOL and the terms of compensation by the Commission to the IBOL for the services rendered are set forth in EXHIBIT "C" hereto.

 

26.

TERMINATION 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 Commission may terminate this Agreement in resolution adopted by a majority vote of the members of the Commission delivered in writing to the IBOL.  The IBOL may terminate this Agreement by written notice delivered to the Commission.  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 Commission may not terminate this Agreement during a fiscal year in which the Commission's internal account with the IBOL has a negative balance or when the balance in the Commission's internal account is insufficient to pay the Commission'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 Commission may not terminate this Agreement except by payment of the Commission's anticipated share of the IBOL's Fixed Costs for that next following fiscal year.

            The Commission 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 Commission pursuant to Idaho Code § 67-2602.  All monies available to the Commission are made available to the Commission 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 Commission 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 Commission and the IBOL.  Notwithstanding the termination of this Agreement by either party, the IBOL agrees to provide the Commission with the Section 19 Services and the Commission 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 Commission 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 Commission's internal account with the IBOL contains a positive balance, the IBOL shall be entitled to transfer funds from the Commission's internal account for the Commission'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 Commission's internal account with the IBOL has a negative or a balance which is insufficient to pay the Commission's obligations owed to the IBOL hereunder, the IBOL shall be entitled to pursue legal action against the Commission for collection of any amount due and owing by the Commission to the IBOL under the terms of this Agreement.

 

27.

NOTICE PROVISIONS

            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:      Tom Katsilometes, Commissioner                                                   TO:   Rayola Jacobsen, Bureau Chief

            Idaho Athletic Commission                                                                           Bureau of Occupational Licenses

            c/o State Tax Commission                                                                             1109 Main St., Suite 220

            800 Park Blvd.

            Boise, ID 83722                                                                                                  Boise, ID 83702

            Facsimile: (208) 334-7844                                                                              Facsimile (208) 334-3945

            E-mail: tkatsilometes@tax.idaho.gov                                                         E-mail rjacobsen@IBOL.state.id.us

 

28.

SUFFICIENT APPROPRIATIONS

            It is understood and agreed that the Commission 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.

 

29.

SEVERABILITY

            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.

 

30.

TERM OF AGREEMENT

            The Agreement shall be effective beginning at Midnight Mountain Daylight Time July 1, 2006 and shall automatically terminate at Midnight Mountain Daylight Time on July 1, 2007, unless otherwise approved for renewal by agreement of the parties or otherwise terminated as provided herein.

            IN WITNESS WHEROF the parties have caused this Agreement to be executed by the following duly authorized representatives of the parties this _____ day of _____________, 2006.

 

FOR THE COMMISSION                                                                               FOR THE BUREAU OF

                                                                                                                              OCCUPATIONAL LICENSES

 

By: __________________________________                                                  By: _______________________________

       Commissioner                                                                                                    Bureau Chief

 

 

FOR THE OFFICE OF THE IDAHO ATTORNEY GENERAL

 

By: __________________________________            Date: _____________________________

            Deputy Attorney General


 

EXHIBIT A

IBOL 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 Commission, 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 consideration.

            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 Commission 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 Commission member serves as a technical advisor for a particular investigation, the IBOL will recommend that the member be recused from any subsequent Commission action concerning the matter.

            Once the investigation is deemed complete and adequate, the IBOL will either make recommendation to the Commission 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 Commission, together with a recommendation of possible action. The Commission 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 Commission, the IBOL, or the DAG may refer complaints to other appropriate city, county, or Federal authorities for further review or action.

            The Commission shall be notified prior to any final action on a complaint under the Commission’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 Commission.  Consent agreements may be negotiated between the DAG and the respondent prior to presentation to the Commission, but the final decision making authority shall always rest with the Commission.  The Commission 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 Commission shall be a public record and subject to public disclosure.

 


 

EXHIBIT B 

INSPECTION NON–COMPLIANCE PROCEDURE

 

As authorized by Idaho Code, and directed by the Commission, investigators of the IBOL shall conduct inspections of facility premises in order to insure that sanitary and other licensure or permit 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:

 

90 through 100 points = “A” classification

80 through 89 points = “B” classification.

A 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.)

 

In 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 the IBOL. 

The 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 Commission. 

In the event unacceptable conditions are found to exist in any facility who had been issued a permit to operate or conduct an event at a specific time and place, the IBOL investigator will issue a “C” classification, provide notice to the permit holder of the reasons for non-compliance and of the intent to seek an injunction to prevent the event addressed in the permit from occurring.  The investigator shall immediately request that the prosecuting Deputy Attorney General pursue an injunction to prohibit the event from occurring.

The 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 Commission for their consideration and action. 

 


 

EXHIBIT C 

COST OF SERVICES

 

            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 Commission or the IBOL relating to carrying out the duties of the Commission and that can be directly attributable to an individual Commission. 

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 Commission and, therefore, cannot be included in the direct expenses charged to the Commission.  Indirect cost percentages are calculated for administrative services, investigative services, and fiscal services.   

The 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 Commission 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 Commission are:

            Administrative               1.96

Investigative                  1.25%

Fiscal                           1.14%

 

The total fiscal year Commission budget is calculated by combining the Commission's estimated direct expenses and the Commission's estimated indirect expenses.  The Commission’s estimated Total Commission Budget for fiscal year 2007 is $35,000.00.


 

EXHIBIT D

IBOL FIXED COSTS

 

Total Personnel

$ 7,500.00

 

 

Total Operating

$10,000.00

 

 

TOTAL FIXED COSTS

$17,500.00

 

 

EXHIBIT E

IBOL 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 Commission 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 Commission 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 Commission's internal fund balance necessary to pay for all budgeted fixed costs shall be subtracted from the Commission'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 Commission's internal fund balance.

If the Commission'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 Commission's fund balance is sufficient to pay its share of all fixed costs budgeted for the Commission.

 


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Last Modified - Sunday, March 08, 2009