54-2059. DISCIPLINARY POWERS — REVOCATION, SUSPENSION OR OTHER DISCIPLINARY ACTION. (1) The commission may temporarily suspend or permanently revoke licenses issued under the provisions of this chapter, issue a formal reprimand and impose a civil penalty in an amount not to exceed five thousand dollars ($5,000) against any licensee who is found to have violated any section of the Idaho Code, the commission’s administrative rules or any order of the commission. The executive director may issue informal letters of reprimand to licensees without civil penalty or cost assessment.

(2) The commission may impose a civil penalty in an amount not to exceed five thousand dollars ($5,000) against any person who is found, through a court or administrative proceeding, to have acted without a license in violation of section 54-2002, Idaho Code. The civil penalty provisions of this section are in addition to and not in lieu of any other actions or criminal penalties for acting as a broker or salesperson without a license which might be imposed by other sections of this chapter or Idaho law.

(3) The commission may also accept, on such conditions as it may prescribe, or reject any offer to voluntarily terminate the license of a person whose activity is under investigation or against whom a formal complaint has been filed.

(4) The assessment of fees and costs incurred in the investigation and prosecution or defense of a licensee or other person under this section shall be governed by the provisions of section 12-117(5), Idaho Code.

(5) If the commission suspends or revokes a license, or imposes a civil penalty, or assesses costs and attorney’s fees, the commission may withhold execution of the suspension, revocation or civil penalty, or costs and attorney’s fees on such terms and for such time as it may prescribe.

(6) If any amounts assessed against a defendant by final order of the commission become otherwise uncollectible or payment is in default, and only if all the defendant’s rights to appeal have passed, the commission may then proceed to district court and seek to enforce collection through judgment and execution.

(7) All civil penalties, costs, and attorney’s fees collected by the commission under this chapter shall be deposited in the state treasury to the credit of the special real estate fund established by section 54-2021, Idaho Code. Any amounts of civil penalties so collected, deposited and credited shall be expended for exclusive use in developing and delivering Idaho real estate education.

History:

[54-2059, added 2000, ch. 285, sec. 3, p. 945; am. 2004, ch. 121, sec. 1, p. 409; am. 2014, ch. 42, sec. 7, p. 105; am. 2018, ch. 348, sec. 12, p. 810.]