US Laws, Codes, Statutes & Cases

                                  TITLE  45
                         LIENS, MORTGAGES AND PLEDGES
                                  CHAPTER 6
                               CLAIMS FOR WAGES
    45-619.  JUDICIAL REVIEW. (1) A claimant or employer aggrieved by a final
decision of the appeals examiner may obtain judicial review of the decision
pursuant to the provisions of chapter 52, title 67, Idaho Code, and the
provisions of this section.
    (2)  If the employer files a petition for judicial review in a court of
competent jurisdiction contesting the appeals examiner's decision, the
employer, not later than the twenty-eighth day after the date the appeals
examiner's decision became final, shall either:
    (a)  Deposit the full amount awarded to the claimant with the department,
    to be placed by the department in an interest-bearing escrow account of a
    fully insured financial institution; or
    (b)  Post a bond, written by a fidelity, surety, guaranty, title or trust
    company authorized to do business in the state of Idaho. The bond must be
    in the full amount of the appeals examiner's decision and shall state that
    the company issuing or executing the bond agrees to pay to the department
    on behalf of the employer all sums found to be due and owing by the
    employer by reason of the outcome of the appeal, within thirty (30) days
    of the filing of the court's decision. A copy of the bond shall be served
    upon the department and the claimant; or
    (c)  File an affidavit of inability to either post a bond or send to the
    department the amount awarded to the claimant.
    (3)  The employer's failure to timely post a bond or send the amount
required by subsection (2) of this section shall constitute a waiver of the
right to judicial review.
    (4)  If, after judicial review, it is determined that some or all of the
wages are not owed or the penalty is reduced or is not assessed, the
department shall remit the appropriate amount to the employer, plus the
interest accrued on the escrowed amount, or collect from the bond only the
amount awarded by the court on appeal, up to the maximum amount of the bond.