2005 Idaho Code - 54-5215 — AUTHORITY TO INVESTIGATE AND DISCIPLINE -- SUSPENSION OR REVOCATION OF REGISTRATION

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 52
                      IDAHO CONTRACTOR REGISTRATION ACT
    54-5215.  AUTHORITY TO INVESTIGATE AND DISCIPLINE -- SUSPENSION OR
REVOCATION OF REGISTRATION. (1) The board may investigate any person engaged
in contracting within the state of Idaho, or any person believed to have acted
as a contractor without being duly registered as required by this chapter.
Upon receipt of a written complaint from a person who claims to have been
injured or defrauded by such person, or upon information received by the
board, the board shall perform an investigation of the facts alleged against
such person. If the board investigation reveals that the facts alleged or
received are sufficient to proceed with a formal action, the board may
authorize the filing of an administrative complaint against such person and
may seek injunctive relief prohibiting such person from engaging in
construction.
    (2)  The board shall have the authority to issue informal letters of
reprimand, suspend or revoke a registration, impose a civil penalty in an
amount not to exceed one thousand dollars ($1,000), recover the costs and fees
incurred in an investigation and prosecution, or to issue a formal reprimand
against any registered contractor if, after an opportunity for a hearing, the
board determines that:
    (a)  A contractor has violated any of the provisions of this chapter
    including, but not limited to, failure to keep current or provide
    insurance coverage as required by this chapter;
    (b)  A contractor has violated any of the provisions of chapter 6, title
    48, Idaho Code, relating to consumer protection including, but not limited
    to, making fraudulent misrepresentations to consumers;
    (c)  A contractor employed fraud or deception, made a misrepresentation or
    misstatement, or employed any unlawful means in applying for or securing
    registration as a contractor;
    (d)  A contractor employed fraud or deception, made a misrepresentation or
    misstatement, or employed any unlawful means in applying for or securing a
    building permit or other permits for construction of any type;
    (e)  A contractor failed to pay the required fee for registration as
    provided in this chapter;
    (f)  A contractor has been convicted of or has engaged in conduct
    constituting a violation of public laws, ordinances or rules of this
    state, or any subdivision  thereof, relevant to contracting, reflecting on
    the registered contractor's ability or qualifications to continue
    contracting for other persons, and making the registered contractor a
    threat to the public safety, health or well-being;
    (g)  A contractor has engaged in any other conduct whether of the same or
    a different character than hereinabove specified which constitutes
    dishonest or dishonorable dealings;
    (h)  A contractor was grossly negligent or reckless in his conduct in the
    performance of construction. For purposes of this chapter, conduct is
    grossly negligent or reckless if, when taken as a whole, it is conduct
    which substantially fails to meet the generally accepted standard of care
    in the practice of construction in Idaho;
    (i)  A contractor had a license, registration or certification revoked,
    suspended or refused by this or another state, territory, incorporated
    municipality, county, alternative form of local government, or other
    municipal or political corporation or subdivision of this or another
    state, or omitted such information from any application to the board, or
    failed to divulge such information when requested by the board;
    (j)  A contractor has been adjudged mentally incompetent by a court of
    competent jurisdiction; or
    (k)  A contractor interfered with an investigation or disciplinary
    proceeding by a willful misrepresentation of facts or by the use of
    threats or harassment against any person to prevent such person from
    providing evidence in a disciplinary proceeding, investigation or other
    legal action instituted in accordance with this chapter.
    (3)  A contractor whose registration has been revoked or suspended shall
be required to return his certificate of registration within the time
determined by the  board or, upon a failure to do so, shall be liable for
civil penalties as set by the board but not to exceed fifty dollars ($50.00)
per day for each day the certificate is not returned after the expiration of
the period allowed.
    (4)  The suspension or revocation of a registration shall be considered a
contested case as provided for in chapter 52, title 67, Idaho Code, and shall
be subject to the provisions of that chapter as well as the administrative
rules adopted by the board governing contested cases.