2005 Idaho Code - 54-1915 — PROCEDURE FOR IMPOSITION OF DISCIPLINE

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 19
                           PUBLIC WORKS CONTRACTORS
    54-1915.  PROCEDURE FOR IMPOSITION OF DISCIPLINE. (1) Upon the filing of a
verified complaint with the administrator charging a licensee or public entity
with the commission of any act constituting a cause for disciplinary action
within two (2) years prior to the date of filing, or upon such a finding made
by the administrator following an investigation, the administrator shall
forthwith issue a notice, accompanied by a copy of the complaint, directing
the licensee or public entity, within ten (10) days after service of the
notice, to appear by filing with the administrator a verified answer to the
complaint.
    (2)  The administrator shall have the power to appoint, by an order in
writing, a hearing officer to take testimony, who shall have power to
administer oaths, issue subpoenas and compel the attendance of witnesses.
    (3)  Service of the notice and complaint upon the licensee or public
entity shall be fully effected by mailing a true copy of the notice and
complaint by certified mail addressed to the licensee at his last address of
record with the administrator or to the public entity at its principal place
of business. Service of the notice and complaint shall be complete at the time
of deposit in accordance with the provisions of the Idaho rules of civil
procedure relating to service by mail.
    (4)  The hearing shall be conducted in accordance with the provisions of
chapter 52, title 67, Idaho Code, and the Idaho rules of administrative
procedure.
    (5)  Following the hearing, the hearing officer shall issue recommended
findings of fact, conclusions of law, and order. The recommended order may:
    (a)  Provide for the immediate complete suspension by the licensee of all
    operations as a contractor during the period fixed by the decision.
    (b)  Permit the licensee to complete any or all contracts shown by
    competent evidence taken at the hearing to be then uncompleted.
    (c)  Impose upon the licensee compliance with such specific conditions as
    may be just in connection with his operations as a contractor disclosed at
    the hearing and may further provide that until such conditions are
    complied with no application for restoration of the suspended or revoked
    license shall be accepted by the administrator.
    (d)  Provide for the imposition of any of the sanctions provided by
    section 54-1914, Idaho Code.
    (6)  Following a review of the entire hearing record, the administrator
shall issue a final decision.