36-2107. POWERS AND DUTIES OF BOARD. The board, which may by written agreement authorize the bureau of occupational licenses as agent to act in its interest, shall have the following duties and powers:

(a) To conduct examinations to ascertain the qualifications of applicants for outfitter’s or guide’s licenses, and to issue such licenses to qualified applicants, with such restrictions and limitations thereon as the board may find reasonable.

(b) To prescribe and establish rules of procedure to carry into effect the provisions of this chapter including, but not limited to, rules prescribing all requisite qualifications of training, experience, knowledge of rules of governmental bodies, condition and type of gear and equipment, examinations to be given applicants, whether oral, written or demonstrative, or a combination thereof.

(c) To conduct hearings and proceedings to suspend, revoke or restrict the licenses of outfitters or guides, and to suspend, revoke or restrict said licenses for due cause in the manner hereinafter provided.

(d) The board is expressly vested with the power and the authority to enforce the provisions of this chapter, including obtaining injunctive relief, and to make and enforce any and all reasonable rules which shall by it be deemed necessary and which are not in conflict with the provisions of this chapter, for the express purpose of safeguarding the health, safety, welfare and freedom from injury or danger of those persons utilizing the services of outfitters and guides, and for the conservation of wildlife and range resources.

(e) The board shall have the power to cooperate with the federal and state government through its appropriate agency or instrumentality in matters of mutual concern regarding the business of outfitting and guiding in Idaho.

(f) The board shall have the power throughout the state of Idaho to request the attendance of witnesses and the production of such books, records and papers as may be required at any hearing before it. The board or its hearing officer may issue and serve subpoenas or subpoenas duces tecum in a manner consistent with chapter 52, title 67, Idaho Code, the rules of the office of the attorney general, and rules 45(e)(2) and 45(g) of the Idaho rules of civil procedure. Payment of fees or mileage for service of subpoenas or attendance of witnesses shall be paid by the board consistent with the provisions of chapter 52, title 67, Idaho Code, the rules of the office of the attorney general, and rule 45(e)(1) of the Idaho rules of civil procedure. Disobedience of a subpoena or subpoena duces tecum may be enforced by making application to the district court. Disobedience by a licensee of a subpoena or subpoena duces tecum issued by the board shall be deemed a violation of a board order.

(g) The board shall have the power to appoint an executive director to serve at the pleasure of the board. The executive director shall carry out such administrative duties as delegated to the director by the board. The board may, in its discretion, refuse, sustain or reverse, by majority vote, any action or decision of the executive director. The executive director shall be exempt from the provisions of chapter 53, title 67, Idaho Code, and shall receive a salary that is fixed by the board.

(h) The board shall have the power to hire enforcement agents in order to conduct investigations and enforce the provisions of this chapter. All enforcement agents appointed by the board who are certified by the Idaho peace officer standards and training advisory council shall have the power of peace officers limited to:

1. Enforcement of the provisions of this chapter.

2. Responding to express requests from other law enforcement agencies for aid and assistance in enforcing other laws. For purposes of this section, such a request from a law enforcement agency shall mean only a request as to a particular and singular violation or suspicion of violation of law and shall not constitute a continuous request for assistance outside the purview of enforcement of the provisions of this chapter.

(i) By August 1 of each year, the board shall provide to the director of the department of fish and game, in a manner and form prescribed by the director, the number of each species of big game taken in each management unit by clients of licensed outfitters between July 1 of the immediately preceding calendar year and June 30 of the current calendar year.

(j) The board shall designate the number of deer or elk tags allocated pursuant to section 36-408(4), Idaho Code, among the authorized outfitting operations within each capped or controlled zone, unit, or game management area in a fair and equitable manner. The number of tags designated to each outfitter operation will be reported back to the Idaho department of fish and game for distribution.

Individual outfitter computation in capped zones shall be made as follows: The average of the last two (2) years of all outfitted elk or deer tag use in capped zones will become the individual outfitter’s base allocation number for that tag until the next big game season setting, when the tag numbers will be recomputed.

Individual outfitter computation in controlled hunts shall be made as follows: The highest year within the last two (2) years of outfitted elk and deer tag use in controlled zone, unit, or game management area will become the individual outfitter’s base allocation number for elk or deer tags until the next big game season setting, when the tag numbers will be recomputed.

The board shall promulgate all necessary rules to implement the provisions of this subsection.

History:

[36-2107, added 1976, ch. 95, sec. 2, p. 389; am. 1978, ch. 131, sec. 2, p. 293; am. 1988, ch. 269, sec. 6, p. 889; am. 1989, ch. 360, sec. 1, p. 904; am. 1991, ch. 131, sec. 1, p. 287; am. 1991, ch. 268, sec. 1, p. 658; am. 1997, ch. 136, sec. 2, p. 406; am. 2001, ch. 170, sec. 2, p. 584; am. 2001, ch. 271, sec. 3, p. 990; am. 2003, ch. 205, sec. 1, p. 546; am. 2008, ch. 112, sec. 2, p. 314; am. 2019, ch. 243, sec. 2, p. 737.]