54-5807. POWERS OF THE BOARD. (1) The board shall have the power to:

(a) Receive applications for licensure and certification, determine the qualifications of persons applying for licensure, certification and registration, provide licenses, certificates and registrations to applicants qualified under the provisions of this chapter, and reinstate and deny licenses, certificates and registrations;

(b) Establish fees by rule and collect fees as prescribed by this chapter;

(c) Maintain records necessary to carry out its duties under this chapter;

(d) Judge the qualifications and fitness of applicants for licenses, certificates and registrations;

(e) Examine for, deny, approve, issue, revoke and suspend licenses, certificates and registrations, or sanction or impose education, training or supervision on any licensee, certificant or registrant pursuant to this chapter and conduct investigations in connection with such actions;

(f) Conduct hearings and proceedings in accordance with the provisions of chapter 52, title 67, Idaho Code;

(g) Establish requirements for reinstatement and renewal of licenses and registrations;

(h) Adopt and revise such rules as may be necessary to carry into effect the provisions of this chapter in compliance with chapter 52, title 67, Idaho Code, including specific rules governing the disinfection and sanitation requirements for establishments and practice as provided by this chapter;

(i) Take such action as may be necessary to enforce the provisions of this chapter and to regulate the practice of occupations licensed, certificated and registered under this chapter;

(j) Approve relevant cosmetology education for barber and barber-styling licenses and approve relevant barber and barber-styling education for cosmetology licenses; provided that the total instructional hours required for a licensed cosmetologist to qualify for a barber or barber-styling license shall not exceed one hundred (100) hours; and

(k) Authorize, by written agreement, the bureau of occupational licenses as its agent to act in its interest and, at the board’s discretion, contract with the bureau of occupational licenses for those services deemed necessary for the proper administration of this chapter.

(2) In any proceeding before the board authorized by this chapter, the board or its designee may administer oaths or affirmations to witnesses appearing before it, may subpoena witnesses and compel their attendance and also may require the production of books, papers, documents, electronically stored information and items at such proceedings. If any person shall refuse to obey any subpoena so issued or shall refuse to testify or comply with a request for production, the board may present its petition to a district judge to cause an order to be issued requiring such witness to appear before the board to testify and to produce such books, papers and other documents and items as directed in the subpoena. Any person failing or refusing to obey such order shall be punished for contempt of court.

(3) The board may recover the actual costs and fees, including attorney’s fees, incurred by the board in the investigation and prosecution of a licensee, certificant or registrant upon the finding of a violation of this chapter or of a rule adopted or an order issued by the board under this chapter.

(4) In a final order, the board may impose a civil penalty not to exceed one thousand dollars ($1,000) for each violation by a licensee, certificant or registrant of this chapter or of rules adopted by the board.

History:

[54-5807, added 2018, ch. 228, sec. 3, p. 525.]