A. Procedures: Except as otherwise provided herein, the procedures for denial, suspension, revocation and review of a license shall be as set forth in chapter 1, article A of this title.
B. Penalty Proportionate: Every civil license penalty imposed by the Licensing Officer shall be proportional to the type and severity of the violation.
C. License Denial: In the event the Licensing Officer determines that an applicant fails to qualify for a license governed by this chapter, the Licensing Officer may deny such applicant a license by following the procedures set forth in chapter 1, article A of this title. Additionally, every application which contains materially false or misleading information in connection to the applicant's background check shall be unconditionally denied, and may result in criminal charges or penalties as prescribed by law.
D. License Revocation: Pursuant to the requirements and procedures set forth in this chapter and chapter 1, article A of this title, the following violations, if found substantiated by the Licensing Officer, may result in the revocation of all applicable licenses governed by this chapter:
1. The licensee has plead guilty to, has been found guilty of, or has received a withheld judgment for, or has been sentenced for a violation of this chapter and chapter 1, article A of this title. In addition to the criminal penalties prescribed therefor, the licensee may have the affected license governed by this chapter revoked, and be ineligible for reapplication, reinstatement or issuance of any license governed by this chapter for a period of up to five (5) years.
2. In the event a licensee fails to take corrective action within the timeframe specified in a notice of suspension to resolve or correct the basis for a suspension of the license governed by this chapter and chapter 1, article A of this title, held by that licensee, the Licensing Officer may revoke the affected license. Such revocation may prevent the licensee from obtaining or reinstating any license governed by this chapter for a minimum period of one year from the date of revocation.
3. If the Licensing Officer determines that a licensee failed to continue to have and maintain all of the qualifications and none of the disqualifications provided in this chapter and chapter 1, article A of this title, throughout the license period, the Licensing Officer may revoke the affected license. Such revocation may prevent the licensee from obtaining or reinstating any such license until the licensee qualifies for the license and applies anew for said license.
4. If the Licensing Officer determines that an application for a license included fraud, misrepresentation or any material false statement, the Licensing Officer may revoke all licenses governed by this chapter held by that licensee. This revocation may prevent the licensee from obtaining or reinstating any such license for a period of up to five (5) years.
5. If the Licensing Officer determines that the activity, use or privilege conducted pursuant to the license is being or has been exercised so as to be detrimental to the public health, safety or welfare, the Licensing Officer may revoke the affected license. Such revocation shall prevent the licensee from obtaining or reinstating any such license until the Licensing Officer determines the detriment has ceased.
6. If the Licensing Officer determines that the license issued is being or has been exercised contrary to the terms or conditions of such license, or in violation of any law, the Licensing Officer may, in his/her discretion, revoke the affected license. Such revocation may prevent the licensee from obtaining or reinstating any such license for a minimum period of one year from the date of revocation.
7. A third license suspension within one license term shall be deemed a revocation.
8. A person whose license is revoked shall be required to reapply for a new license, rather than apply for reinstatement of the revoked license.
E. License Suspension: Upon a finding of any of the following violations by the licensee, the Licensing Officer shall follow the procedures set forth in chapter 1, article A of this title, as applicable, in suspending any affected license governed by this chapter:
1. Every licensee who violates any provision of the Idaho Code or this Code, in addition to the criminal or civil penalties prescribed by law for such violation, may have all licenses governed by this chapter suspended for a period not to exceed one hundred eighty (180) days by the Licensing Officer.
2. A license governed by this chapter may be suspended even though no criminal charge or infraction is filed.
3. Unless otherwise provided in a notice of suspension, every license suspension shall be effective at twelve o'clock (12:00) midnight on the third day following the date written notice of the suspension is sent to the licensee. Every license suspension shall be effective immediately if hand served upon the licensee, unless otherwise determined by the Licensing Officer.
4. Upon determining that a licensee is in violation of any provision of the Idaho Code or this Code, but that the licensee does not pose an immediate threat of harm to the public health, safety or welfare, the Licensing Officer may precede the suspension of a license governed by this chapter with a notice of violation.
a. Every notice of violation issued pursuant to this chapter shall comply with section 3-1A-15 of this title.
b. The Licensing Officer shall not be required to serve a licensee with a notice of violation prior to suspending the affected license.
c. No notice of suspension shall be required to be served upon the licensee for a suspension following a notice of violation to take effect. The notice of suspension contained within the notice of violation shall suffice to provide notice of suspension.
F. Review: Every applicant who, upon application, is denied a license governed by this chapter, or who has a license governed by this chapter suspended or revoked, shall have a right of review. Unless otherwise expressly provided herein, review procedures shall follow those set forth in chapter 1, article A of this title. (Ord. 36-14, 9-30-2014; amd. 2019 Code)