Current through September 2, 2024
Section 11.10.01.028 - USER AGENCY SANCTIONS01.Review of Violations. The board reviews violations of ILETS rules and may impose appropriate sanctions on access agencies.02.Objective of Sanctions. The objectives of the sanction procedure are as follows: a. To ensure the security, integrity, and financial stability of the ILETS.b. To create an awareness among access agencies of the importance of following rules, regulations, and procedures in order to minimize the risk to liabilities that may be incurred by misuse of the system and access to its information.03.Class of Sanctions. Sanctions are based upon the class of violation, any previous violations, and any exposure to criminal and civil liabilities that the violation might place on the system, its officials, and the offending agency. Violations are classed as either administrative (minor) or security (serious) violations. Security violations are defined as ones which have or could result in access of ILETS data by unauthorized individuals. All other violations are classed as administrative.04.Form of Sanctions. When imposing sanctions, the Board considers the severity of the violation, the violation type, either administrative or security, and previous sanctions issued. The Board may require the violating agency to submit a mediation plan showing how the violation will be corrected and future violations prevented. The Board shall consider such a mediation plan, if submitted, when imposing sanctions. The Board may impose as sanctions one (1) or more of the following:b. Written notice of violation.c. Written notice of probation.d. Written notice of temporary suspension.e. Written notice of permanent suspension.05.Effective Date of Sanctions. Temporary or permanent suspension of service will not begin, unless an emergency exists, until fifteen (15) days after the agency head has received written notice by certified mail or personal service.06.Reinstatement. An agency placed on permanent suspension may apply to the Board for reinstatement.Idaho Admin. Code r. 11.10.01.028