38-1218. REVOCATION OR SUSPENSION OF CERTIFICATE. The board shall have power to (1) revoke the certificate of registration or, (2) to suspend the certificate of registration for a period of time not exceeding two (2) years, of any registrant who is found guilty of:

(a) The practice of any fraud or deceit in obtaining a certificate of registration;

(b) Gross negligence, incompetency, habitual intemperance, insanity, conviction of a felony, moral turpitude, or misconduct in the practice of professional scaling as a registered professional scaler.

Any person may prefer charges, based on any of the above grounds, against any registrant. Such charges shall be in writing, and shall be sworn to by the person making them and shall be filed with the secretary of the board.

All charges, unless dismissed by the board as unfounded or trivial, shall be heard by the board as soon as possible but not to exceed three (3) months after the date on which they shall have been preferred.

The time and place for said hearing shall be fixed by the board and a copy of the charges, together with a notice of the time and place of hearing, shall be personally served on, or mailed to the last known address of, such registrant, at least thirty (30) days before the date fixed for the hearing. At any hearing, the accused registrant shall have the right to appear personally and by counsel, to cross-examine witnesses in his own defense.

If, after such hearing, three (3) or more members of the board vote in favor of finding the accused guilty, the board shall revoke or suspend, as herein provided, the certificate of registration of such registered professional scaler.

In addition to the foregoing, provisions contained in chapter 52, title 67, Idaho Code, shall also apply.

History:

[38-1218, added 1969, ch. 91, sec. 19, p. 305; am. 1970, ch. 185, sec. 5, p. 534.]