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ID S1316

Bill

Status

Passed

3/28/2018

Primary Sponsor

Judiciary and Rules Committee

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Origin

Senate

2018 Regular Session

AI Summary

Senate Bill 1316 Summary

  • Authorizes prevailing parties in administrative proceedings involving licensing authorities and licensees to recover reasonable attorney's fees and investigative or defense costs.

  • 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.

  • 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.

  • Applies provisions to numerous licensing boards including nursing, pharmacy, optometry, veterinary medicine, contractors, real estate, and occupational therapy boards, among others.

  • 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

Committee Referrals

Judiciary, Rules and Administration3/13/2018
Judiciary and Rules2/20/2018

Full Bill Text

No bill text available