54-2059. DISCIPLINARY POWERS — REVOCATION, SUSPENSION OR OTHER DISCIPLINARY ACTION. (1) The commission may temporarily suspend or permanently revoke licenses issued under the provisions of this chapter, issue a formal reprimand and impose a civil penalty in an amount not to exceed five thousand dollars ($5,000) against any licensee who is found to have violated any section of the Idaho Code, the commission’s administrative rules or any order of the commission. The executive director may issue informal letters of reprimand to licensees without civil penalty or cost assessment.
(2) The commission may impose a civil penalty in an amount not to exceed five thousand dollars ($5,000) against any person who is found, through a court or administrative proceeding, to have acted without a license in violation of section 54-2002, Idaho Code. The civil penalty provisions of this section are in addition to and not in lieu of any other actions or criminal penalties for acting as a broker or salesperson without a license which might be imposed by other sections of this chapter or Idaho law.
(3) The commission may also accept, on such conditions as it may prescribe, or reject any offer to voluntarily terminate the license of a person whose activity is under investigation or against whom a formal complaint has been filed.
(4) The assessment of fees and costs incurred in the investigation and prosecution or defense of a licensee or other person under this section shall be governed by the provisions of section 12-117(5), Idaho Code.
(5) If the commission suspends or revokes a license, or imposes a civil penalty, or assesses costs and attorney’s fees, the commission may withhold execution of the suspension, revocation or civil penalty, or costs and attorney’s fees on such terms and for such time as it may prescribe.
(6) If any amounts assessed against a defendant by final order of the commission become otherwise uncollectible or payment is in default, and only if all the defendant’s rights to appeal have passed, the commission may then proceed to district court and seek to enforce collection through judgment and execution.
(7) All civil penalties, costs, and attorney’s fees collected by the commission under this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund. Any amounts of civil penalties so collected, deposited and credited shall be expended for exclusive use in developing and delivering Idaho real estate education.
History:
[54-2059, added 2000, ch. 285, sec. 3, p. 945; am. 2004, ch. 121, sec. 1, p. 409; am. 2014, ch. 42, sec. 7, p. 105; am. 2018, ch. 348, sec. 12, p. 810; am. 2021, ch. 224, sec. 51, p. 677.]
Structure Idaho Code
Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES
Chapter 20 - IDAHO REAL ESTATE LICENSE LAW
Section 54-2001 - SHORT TITLE.
Section 54-2002 - LICENSURE REQUIRED.
Section 54-2004 - DEFINITIONS.
Section 54-2005 - THE IDAHO REAL ESTATE COMMISSION.
Section 54-2006 - QUALIFICATIONS OF COMMISSIONERS — TERM AND ORGANIZATION.
Section 54-2007 - COMPENSATION, POWERS AND DUTIES OF COMMISSION.
Section 54-2008 - ESTABLISHMENT OF IDAHO REAL ESTATE EDUCATION COUNCIL.
Section 54-2009 - COUNCIL APPOINTMENT, QUALIFICATIONS AND TERM.
Section 54-2010 - COMPENSATION.
Section 54-2011 - TYPES OF LICENSES.
Section 54-2012 - MINIMUM REQUIREMENTS FOR AN INDIVIDUAL PRIMARY IDAHO LICENSE.
Section 54-2013 - ERRORS AND OMISSIONS INSURANCE.
Section 54-2014 - LICENSE EXAMS.
Section 54-2017 - COOPERATIVE LICENSES.
Section 54-2019 - DENIAL OF LICENSE APPLICATIONS.
Section 54-2021 - OCCUPATIONAL LICENSES FUND — RECEIPTS AND DISBURSEMENTS.
Section 54-2022 - REAL ESTATE EDUCATION — PRELICENSE REQUIREMENTS.
Section 54-2023 - CONTINUING EDUCATION REQUIREMENTS.
Section 54-2024 - PURPOSE OF CERTIFICATION.
Section 54-2025 - CERTIFICATION REQUIREMENTS.
Section 54-2026 - CERTIFICATION OF COURSE PROVIDERS.
Section 54-2027 - DUTIES AND REQUIREMENTS OF ALL CERTIFIED COURSE PROVIDERS.
Section 54-2028 - TERM OF PROVIDER CERTIFICATION AND RENEWAL.
Section 54-2029 - NOTICE OF POTENTIAL EXPIRATION OF CERTIFICATION.
Section 54-2030 - EXPIRATION OR WITHDRAWAL OF PROVIDER CERTIFICATION — NOTICE TO STUDENTS.
Section 54-2031 - WITHDRAWAL OF IDAHO CERTIFICATION FOR CAUSE — PROCESS.
Section 54-2032 - CERTIFICATION OF INSTRUCTORS.
Section 54-2033 - INSTRUCTOR QUALIFICATIONS.
Section 54-2034 - SPECIAL CONSIDERATION — DISCRETION OF THE COMMISSION.
Section 54-2035 - TERM OF INSTRUCTOR CERTIFICATION AND RENEWAL.
Section 54-2036 - CERTIFICATION OF COURSES AND COURSE CONTENT.
Section 54-2037 - TERM OF COURSE CERTIFICATION AND RENEWAL.
Section 54-2038 - DESIGNATED BROKER — GENERAL RESPONSIBILITIES — BROKER PRICE OPINIONS.
Section 54-2039 - BROKER AND BRANCH MANAGER.
Section 54-2040 - MAIN OFFICE OR BUSINESS LOCATION.
Section 54-2041 - TRUST ACCOUNTS AND ENTRUSTED PROPERTY.
Section 54-2042 - CREATION OF NONINTEREST-BEARING TRUST ACCOUNTS — REQUIREMENTS.
Section 54-2043 - INTEREST-BEARING TRUST ACCOUNTS.
Section 54-2044 - TRUST ACCOUNT RECORDKEEPING — FORMAT OF RECORDS REQUIRED.
Section 54-2045 - TRUST ACCOUNT DEPOSITS AND RECEIPT OF CONSIDERATION.
Section 54-2046 - TRUST ACCOUNT DISBURSEMENTS.
Section 54-2047 - DISPUTED EARNEST MONEY.
Section 54-2048 - RESPONSIBLE BROKER FOR THE TRANSACTION — DUTIES AND RECORDKEEPING.
Section 54-2049 - RECORD RETENTION SCHEDULES.
Section 54-2050 - BROKERAGE REPRESENTATION AGREEMENTS — REQUIRED ELEMENTS.
Section 54-2051 - OFFERS TO PURCHASE.
Section 54-2052 - ELECTRONICALLY GENERATED AGREEMENTS.
Section 54-2053 - ADVERTISING.
Section 54-2054 - COMPENSATION, COMMISSIONS AND FEES — PROHIBITED CONDUCT.
Section 54-2055 - LICENSEES DEALING WITH THEIR OWN PROPERTY.
Section 54-2056 - TERMINATING OR CHANGING LICENSED BUSINESS RELATIONSHIPS.
Section 54-2057 - DEATH OR INCAPACITY OF A DESIGNATED BROKER.
Section 54-2058 - AUTHORITY TO INVESTIGATE AND DISCIPLINE.
Section 54-2059 - DISCIPLINARY POWERS — REVOCATION, SUSPENSION OR OTHER DISCIPLINARY ACTION.
Section 54-2060 - GROUNDS FOR DISCIPLINARY ACTION.
Section 54-2063 - DISCIPLINARY PROCEDURE AND REVIEW OF AGENCY ACTION.
Section 54-2064 - PROOF OF COMPLAINT — PROSECUTION BY COUNTY PROSECUTING ATTORNEY.
Section 54-2065 - PENALTY FOR ACTING AS A BROKER OR SALESPERSON WITHOUT LICENSE.
Section 54-2066 - INJUNCTIVE RELIEF.
Section 54-2067 - CEASE AND DESIST ORDERS.
Section 54-2068 - WITNESSES — DEPOSITIONS — FEES — SUBPOENAS.
Section 54-2069 - REAL ESTATE RECOVERY FUND ESTABLISHED.
Section 54-2070 - AUGMENTATION OF FUND.
Section 54-2071 - RECOVERY FROM FUND — PROCEDURE — GROUNDS — AMOUNT — HEARING.
Section 54-2072 - COMMISSION MAY ANSWER PETITION — COMPROMISE OF CLAIMS.
Section 54-2073 - COURT ORDER REQUIRING PAYMENT FROM RECOVERY FUND.
Section 54-2075 - ORDER OF PAYMENT OF CLAIMS IF RECOVERY FUND BALANCE INSUFFICIENT — INTEREST.
Section 54-2076 - COMMISSION’S RIGHT TO SUBROGATION.
Section 54-2077 - WAIVER OF RIGHTS.
Section 54-2080 - RECORDS — DISCLOSURE TO PUBLIC.
Section 54-2082 - SHORT TITLE.
Section 54-2083 - DEFINITIONS.
Section 54-2084 - BROKERAGE AGENCY RELATIONSHIPS — CREATION.
Section 54-2086 - DUTIES TO A CUSTOMER.
Section 54-2087 - DUTIES TO A CLIENT.
Section 54-2088 - LIMITED DUAL AGENCY AND ASSIGNED AGENCY PERMITTED.
Section 54-2089 - BROKER COMPENSATION.
Section 54-2091 - DURATION OF AGENCY RELATIONSHIP.
Section 54-2092 - DUTIES AND OBLIGATIONS OWED AFTER TERMINATION OF REPRESENTATION.
Section 54-2093 - VICARIOUS LIABILITY ABOLISHED.
Section 54-2094 - REPRESENTATION NOT FIDUCIARY IN NATURE.
Section 54-2095 - CONFLICTS WITH OTHER LAW.