FOR SERVICES BETWEEN
IDAHO STATE CONTRACTORS BOARD
BUREAU OF OCCUPATIONAL LICENSES
Statutory authorization for this Agreement is provided by Idaho Code §
67-2602, § 67-2604, and § 54-5207.
BOARD. The Idaho State Contractors Board.
IBOL. The Idaho 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
registration by the Board.
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, 2005 and ending at Midnight Mountain Daylight
Time July 1, 2006.
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.
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 Contractors Board (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 § 54-5207, §
54-805A, § 54-805B, § 54-806, § 54-810, and § 54-811, the Board
retains the sole right and power to determine:
Whether an applicant for registration is required or qualified to take
The content and format of the examination(s);
What constitutes a satisfactory performance on the examination(s);
Whether an applicant for registration has met the requirements for registration,
including applicants for registration by renewal, reciprocity, endorsement, and
When and whether to exercise the Board's rule making authority;
Whether particular conduct constitutes a violation of the laws and rules
governing the profession and what, if any, discipline is appropriate;
Whether to settle a contested case or pending lawsuit; and
Any other rights or powers as may be set forth in Title 54, Chapter 52, 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 52, 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 registration and shall
collect all applicable fees. (Idaho Code § 54-5207) The
IBOL shall verify that the application is complete and shall:
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;
Determine whether the applicant is or has been registered or licensed in another
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 registration.
IBOL shall report its findings and make recommendations concerning each
application for registration 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 registered, 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 registration 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 registered, 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.
As authorized by Idaho Code § 54-5213, the IBOL shall distribute and
receive all applications for reciprocal or endorsement registration and shall
collect all required
The IBOL shall review the application for completeness and shall conduct
an investigation of the applicant’s status in other jurisdictions, as
disclosed by the application, to determine whether the applicant meets all of
the requirements set forth in Chapter 52, Title 54, Idaho Code.
notification to the IBOL by the Board that an applicant has satisfactorily met
all requirements for registration 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 applicant is registered and authorized to practice
the profession regulated by the Board within the State of Idaho. (Idaho Code §
54-5214 and § 67-2613)
IBOL shall circulate renewal notices to all registrants and collect such
fees as may be authorized by Idaho law for the
renewal of registrations. The IBOL
shall notify registrants that their registrations are subject to cancellation
for non-payment of fees that are required to be paid pursuant to Idaho
law. The IBOL shall upon
request report to the Board the names of
those registrants whose registrations 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 registrants whose registrations have been cancelled
for failure to renew in a timely manner.
The IBOL shall report to the Board the names of any registrants 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 registration 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 registration; is not the subject of criminal
or disciplinary action in any other jurisdiction; and meets all other criteria
set forth at Idaho Code § 54-815, the IBOL shall
cause registrant to be registered. In
all other cases, the IBOL shall refer the matter directly to the Board.
described in EXHIBIT A, the IBOL
shall receive complaints against registrants 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, 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 §
54-5206, § 54-5215 and § 67-2609)
The forgoing duties of the IBOL shall be in accord with EXHIBIT
A and the Idaho
Administrative Procedures Act.
IBOL shall report the substance of any verified report of the unregistered
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 unregistered
practice of the profession regulated by the Board.
(Idaho Code § 54-5218).
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.
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
All registrations issued, revoked, suspended, and/or cancelled;
of record for
All written complaints and investigations arising therefrom involving any
Minutes of all Board meetings and other proceedings;
Any other records or documents required by the Board to be kept pursuant to
relevant statutes or rules.
custodian of the Board's records, the IBOL shall, with the assistance of the
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.
required by Idaho Code § 9-337, 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
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
Nothing in this Agreement shall be interpreted to constitute a delegation
by the Board 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,
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
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.
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.
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
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
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
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
Jerry Nemec, Chairman
TO: Rayola Jacobsen,
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 March 25, 2005 and shall automatically terminate at Midnight Mountain
Daylight Time on July 1, 2006, 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 _____________, 2005.
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 registrants 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 registration 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.
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.
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 services.
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
plus the total number of financial transactions processed
during the previous fiscal year.
approximate percentage shares of indirect expenses to be charged to the Board
total fiscal year Board budget is calculated by combining the Board's direct
expenses and the Board's indirect expenses.
The Board’s estimated Total Board Budget for fiscal year 2006
TERMINATION FEE SCHEDULE
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.
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.
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 - March 08, 2009