2005 Idaho Code - 59-806 — BONDS OF COUNTY OFFICERS -- APPROVAL, FILING, AND RECORDING -- INSUFFICIENCY OF SURETIES -- PROCEEDINGS

                                  TITLE  59
                          PUBLIC OFFICERS IN GENERAL
                                  CHAPTER 8
                            BONDS OF OFFICERS AND
                               PUBLIC EMPLOYEES
    59-806.  BONDS OF COUNTY OFFICERS -- APPROVAL, FILING, AND RECORDING --
INSUFFICIENCY OF SURETIES -- PROCEEDINGS. It shall be the duty of the board of
county commissioners of each county to periodically, but not less than twice
yearly, review, examine, and inquire into the sufficiency of all of the
official bonds given or to be given by any county or precinct officer as
required by law, and if it shall appear that any one or more of the sureties,
or any of them, has died, moved from the state, become insolvent, or from any
other cause has become incompetent or insufficient surety on such bond, the
said board of county commissioners shall cause such county or precinct officer
to be summoned to appear before the board on a day to be named in said
summons, not less than three (3) nor more than ten (10) days after date, to
appear and show cause why he should not be required to give a new bond with
sufficient security, and if at the appointed time he shall fail to satisfy
said board as to the sufficiency of the present security, an order shall be
entered of record by said board requiring such county or precinct officer, to
file in the office of the county clerk within ten (10) days, a new bond to be
approved as required by law, and in the event such bond is found not
sufficient, and a new bond is not filed as ordered, the fact shall be
certified by the board of county commissioners to the district court of the
county, and shall also be certified to the prosecuting attorney of the county
and it shall thereupon become the duty of the prosecuting attorney to cause a
hearing to be had in said district court for the purpose of adjudicating and
declaring a vacancy in such office, in the event the district court
determines, after a hearing, that the bond is in fact insufficient, and such
officer fails within five (5) days after the district court has so found to
file a new bond with sufficient surety as required by law. Upon the entry of
such decree of vacancy it shall thereupon become the duty of the appointing
power to fill such office in the manner provided by law.