2005 Idaho Code - 54-2059 — DISCIPLINARY POWERS -- REVOCATION, SUSPENSION OR OTHER DISCIPLINARY ACTION

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 20
                        IDAHO REAL ESTATE LICENSE LAW
    54-2059.  DISCIPLINARY POWERS -- REVOCATION, SUSPENSION OR OTHER
DISCIPLINARY ACTION. (1) The commission may temporarily suspend or permanently
revoke licenses issued under the provisions of this chapter, issue a formal
reprimand and impose a civil penalty in an amount not to exceed five thousand
dollars ($5,000), and assess costs and attorney's fees for the cost of any
investigation and administrative or other proceedings against any licensee who
is found to have violated any section of the Idaho Code, the commission's
administrative rules or any order of the commission. The executive director
may issue informal letters of reprimand to licensees without civil penalty or
cost assessment.
    The commission may impose a civil penalty in an amount not to exceed five
thousand dollars ($5,000) and assess costs and attorney's fees for the cost of
any investigation and administrative or other proceedings against any person
who is found, through a court or administrative proceeding, to have acted
without a license in violation of section 54-2002, Idaho Code. The civil
penalty provisions of this section are in addition to and not in lieu of any
other actions or criminal penalties for acting as a broker or salesperson
without a license which might be imposed by other sections of this chapter or
Idaho law.
    The commission may also accept, on such conditions as it may prescribe, or
reject any offer to voluntarily terminate the license of a person whose
activity is under investigation or against whom a formal complaint has been
filed.
    (2)  If the commission suspends or revokes a license, or imposes a civil
penalty, or assesses costs and attorney's fees, the commission may withhold
execution of the suspension, revocation or civil penalty, or costs and
attorney's fees on such terms and for such time as it may prescribe.
    (3)  If any amounts assessed against a defendant by final order of the
commission become otherwise uncollectible or payment is in default, and only
if all the defendant's rights to appeal have passed, the commission may then
proceed to district court and seek to enforce collection through judgment and
execution.
    (4)  All civil penalties, costs, and attorney's fees collected by the
commission under this chapter shall be deposited in the state treasury to the
credit of the special real estate fund established by section 54-2021, Idaho
Code. Any amounts of civil penalties so collected, deposited and credited
shall be expended for exclusive use in developing and delivering real estate
education to benefit Idaho real estate licensees.