38-1218. REVOCATION OR SUSPENSION OF CERTIFICATE. The board shall have power to (1) revoke the certificate of registration or, (2) suspend the certificate of registration, for a period of time not exceeding two (2) years, of any registrant who is found guilty of:
(a) The practice of any fraud or deceit in obtaining a certificate of registration;
(b) Gross negligence, incompetency, habitual intemperance, insanity, conviction of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code, or misconduct in the practice of professional scaling as a registered professional scaler.
Any person may prefer charges, based on any of the grounds listed in this section, against any registrant. Such charges shall be in writing and shall be sworn to by the person making them and shall be filed with the secretary of the board.
All charges, unless dismissed by the board as unfounded or trivial, shall be heard by the board as soon as possible but not to exceed three (3) months after the date on which they shall have been preferred.
The time and place for said hearing shall be fixed by the board and a copy of the charges, together with a notice of the time and place of hearing, shall be personally served on, or mailed to the last known address of, such registrant at least thirty (30) days before the date fixed for the hearing. At any hearing, the accused registrant shall have the right to appear personally and by counsel to cross-examine witnesses in his own defense.
If, after such hearing, three (3) or more members of the board vote in favor of finding the accused guilty, the board shall revoke or suspend, as herein provided, the certificate of registration of such registered professional scaler.
In addition to the foregoing, provisions contained in chapter 52, title 67, Idaho Code, shall also apply.
History:
[38-1218, added 1969, ch. 91, sec. 19, p. 305; am. 1970, ch. 185, sec. 5, p. 534; am. 2020, ch. 175, sec. 5, p. 509.]
Structure Idaho Code
Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS
Section 38-1201 - LOG SCALING PRACTITIONERS — LICENSE REQUIREMENT.
Section 38-1202 - DEFINITIONS.
Section 38-1203 - IDAHO BOARD OF SCALING PRACTICES — MEMBERS — TERMS.
Section 38-1204 - QUALIFICATIONS.
Section 38-1205 - COMPENSATION.
Section 38-1206 - REMOVAL — VACANCIES.
Section 38-1207 - MEETINGS — OFFICERS — QUORUM.
Section 38-1209 - LEVY OF ASSESSMENT — BUDGET — HEARING — FUNDS — BOND OF SECRETARY — SALARY.
Section 38-1211 - ROSTER OF LICENSED SCALERS.
Section 38-1212 - APPLICANTS ELIGIBLE FOR LICENSE.
Section 38-1213 - APPLICATION FORMS — FEE.
Section 38-1214 - EXAMINATIONS — CERTIFICATE OF REGISTRATION.
Section 38-1215 - CHECKSCALERS — APPOINTMENT — CHECKSCALING CRITERIA — REPORT — BOND.
Section 38-1216 - APPRENTICESHIP CERTIFICATES — TEMPORARY PERMITS.
Section 38-1217 - EXPIRATION OF CERTIFICATE OF REGISTRATION — RENEWAL — FEES.
Section 38-1218 - REVOCATION OR SUSPENSION OF CERTIFICATE.
Section 38-1219 - REISSUANCE OR REINSTATEMENT.
Section 38-1220 - SCALING METHODS USED.
Section 38-1220A - INSPECTION — INVESTIGATION — VIOLATIONS — ENFORCEMENT — PENALTY.
Section 38-1222 - APPEAL FROM CHECKSCALE TO BOARD — APPEAL FROM BOARD TO COURT.