2005 Idaho Code - 54-1208 — BOARD -- POWERS

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 12
                           ENGINEERS AND SURVEYORS
    54-1208.  BOARD -- POWERS. (1) The board shall have the power to adopt and
amend all bylaws, rules of professional responsibility, rules of continuing
professional development for professional land surveyors not to exceed sixteen
(16) hours  annually, and rules of procedure, not inconsistent with the
constitution and laws of this state, which may be reasonably necessary for the
proper performance of its duties and the administration of the chapter and the
regulation of proceedings before the board. These actions by the board shall
be binding upon persons registered under this chapter and shall be applicable
to business entities holding a certificate of authorization as provided in
section 54-1235, Idaho Code. It shall adopt and have an official seal which
shall be affixed to each certificate issued. It shall have power to provide an
office, office equipment and facilities and such books and records as may be
reasonably necessary for the proper performance of its duties.
    (2)  In carrying into effect the provisions of this chapter, the board may
subpoena witnesses and compel their attendance, and also may require the
submission of books, papers, documents, or other pertinent data in any
disciplinary matters or in any case wherever a violation of this chapter is
alleged. Upon failure or refusal to comply with any such order of the board,
or upon failure to honor its subpoena as herein provided, the board may apply
to any court of any jurisdiction to enforce compliance with same.
    (3)  The board is hereby authorized in the name of the state to apply for
relief by injunction in the established manner provided in cases of civil
procedure, without bond, to enforce the provisions of this chapter or to
restrain any violation thereof. Venue for all such actions shall be in the
district court of the fourth judicial district, Ada county, Idaho.
    (4)  The board may subject an applicant for registration to such
examination as it deems necessary to determine qualifications.
    (5)  Any action, claim or demand to recover money damages from the board
or its employees which any person is legally entitled to recover as
compensation for the negligent or otherwise wrongful act or omission of the
board or its employees, when acting within the course and scope of their
employment, shall be governed by the Idaho tort claims act, chapter 9, title
6, Idaho Code. For purposes of this section, the term "employees" shall
include, in addition to those persons listed in section 6-902(4), Idaho Code,
special assignment members and other independent contractors while acting
within the course and scope of their board related work.
    (6)  The board may recommend arbitration of disputes between professional
engineers or disputes between professional land surveyors.