2005 Idaho Code - 54-610 — PROCEEDINGS FOR SUSPENSION OR REVOCATION OF LICENSE

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 6
                                 PODIATRISTS
    54-610.  PROCEEDINGS FOR SUSPENSION OR REVOCATION OF LICENSE. (1)
Proceedings for the suspension or revocation of a license shall be conducted
in accordance with the provisions of chapter 52, title 67, Idaho Code. Such
proceedings may be initiated upon the information and accusation of any
person. All accusations must be made in writing, signed and verified by the
person familiar with the facts therein charged, and three (3) copies thereof
must be filed with the board. Upon receiving the accusation the board shall,
either as a board or through its secretary, make a preliminary examination of
all the facts and circumstances connected with such charge. Such preliminary
examination and papers in connection therewith shall not constitute public
records. If the accusation be deemed insufficient by the board, no further
action shall be taken. Should the board deem the complaint set forth in the
accusation sufficient to require formal action, the board shall make an order
setting the same for hearing at a specified time and place. The board shall
cause a copy of such order and a copy of the verified accusation to be served
upon the licensed person accused not less than twenty (20) days prior to the
day appointed in the order for said hearing. The board, the person accusing
and the licensed person accused may be represented by counsel at such hearing.
    (2)  The board shall have the power to administer oaths, take depositions
of witnesses within or without the state in the manner provided by law in
civil cases, and shall have power throughout the state of Idaho to require the
attendance of such witnesses and the production of such books, records and
papers as it may desire, relevant to any hearing before it of any matter which
it has authority to investigate, and for that purpose the board may issue a
subpoena for any witness or a subpoena duces tecum to compel the production of
books, records or papers, directed to the sheriff of any county of the state
of Idaho where such witness resides or may be found, which shall be served and
returned in the same manner as a subpoena in a criminal case. Fees and mileage
of the witnesses shall be the same as that allowed in the district courts in
criminal cases, and shall be paid from any funds in the state treasury in the
same manner as other expenses of the board are paid. In the event of
disobedience to or neglect of any subpoena or subpoena duces tecum served upon
any person, or the refusal of any witness to testify to any matter regarding
which he may be lawfully interrogated, it shall be the duty of the district
court of any county in this state in which such disobedience, neglect or
refusal occurs, or any judge thereof, on application by the board, to compel
obedience by proceedings for contempt as in the case of disobedience of the
requirements of a subpoena issued from such court or for refusal to testify
therein. The licensed person accused shall have the same right of subpoena
upon making application to the board therefor.
    (3) If the board shall find that the licensed person accused has violated
any of the provisions of this act, the board may enter an order suspending his
license for not less than thirty (30) days nor more than two (2) years. A
suspended license may not be reinstated during the term of the suspension
except upon order of a district court reversing the board, or upon order of
the board itself after hearing new or additional evidence not available at the
original proceedings. A revoked license may not be reinstated except upon
order of a district court reversing the board.