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ID S1316
Bill
Status
3/28/2018
Primary Sponsor
Judiciary and Rules Committee
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AI Summary
Senate Bill 1316 Summary
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Authorizes prevailing parties in administrative proceedings involving licensing authorities and licensees to recover reasonable attorney's fees and investigative or defense costs.
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Defines "prevailing party" as one that prevails on the claims or allegations constituting the gravamen of the case as a whole, with assessments subject to judicial review.
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Prohibits non-payment of awarded costs or attorney's fees from being deemed a licensure violation if the licensee maintains a payment arrangement with the licensing authority.
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Applies provisions to numerous licensing boards including nursing, pharmacy, optometry, veterinary medicine, contractors, real estate, and occupational therapy boards, among others.
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Modifies Idaho Code sections 12-117, 36-2113, 54-713, 54-1406A, 54-1413, and approximately 20 other sections to implement cost and fee recovery across multiple occupational licensing statutes.
Legislative Description
Amends existing law to provide that a prevailing party in an administrative proceeding between a licensing authority and a licensee shall be entitled to reasonable attorney's fees and costs.
ATTORNEY'S FEES
Last Action
Session Law Chapter 348 Effective: 07/01/2018
3/28/2018