Current through the 2024 Regular Session
Section 54-610 - PROCEEDINGS FOR SUSPENSION, REVOCATION OR OTHER DISCIPLINE OF LICENSE(1) Proceedings for the suspension, revocation or other discipline of a license shall be conducted in accordance with the provisions of chapter 52, title 67, Idaho Code.(2) The board shall have the power to administer oaths, take depositions of witnesses within or without the state in the manner provided by law in civil cases, and shall have power throughout the state of Idaho to require the attendance of such witnesses and the production of such books, records and papers as it may desire, relevant to any hearing before it of any matter which it has authority to investigate, and for that purpose the board may issue a subpoena for any witness or a subpoena duces tecum to compel the production of books, records or papers, directed to the sheriff of any county of the state of Idaho where such witness resides or may be found, which shall be served and returned in the same manner as a subpoena in a criminal case. Fees and mileage of the witnesses shall be the same as that allowed in the district courts in criminal cases, and shall be paid from any funds in the state treasury in the same manner as other expenses of the board are paid. In the event of disobedience to or neglect of any subpoena or subpoena duces tecum served upon any person, or the refusal of any witness to testify to any matter regarding which he may be lawfully interrogated, it shall be the duty of the district court of any county in this state in which such disobedience, neglect or refusal occurs, or any judge thereof, on application by the board, to compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or for refusal to testify therein. The licensed person accused shall have the same right of subpoena upon making application to the board therefor.(3) If the board shall find that the licensed person accused has violated any of the provisions of this act, the board may enter an order suspending his license for not less than thirty (30) days nor more than two (2) years. A suspended license may not be reinstated during the term of the suspension except upon order of a district court reversing the board, or upon order of the board itself after hearing new or additional evidence not available at the original proceedings. A revoked license may not be reinstated except upon order of a district court reversing the board.[54-610, added 1957, ch. 143, sec. 10, p. 235; am. 1974, ch. 13, sec. 56, p. 138; am. 1976, ch. 361, sec. 9, p. 1190; am. 1993, ch. 216, sec. 54, p. 639; am. 2014, ch. 101, sec. 6, p. 300.]Amended by 2014 Session Laws, ch. 101,sec. 6, eff. 7/1/2014.