Idaho State Statutes - Idaho Attorney Directory

INDICTMENT OR CONVICTION OF A CRIME -- REMOVAL OF SUBJECT
PERSON. (1) If the director determines that a subject person of a licensee has
been indicted by a grand jury or has been bound over for trial by a court for
a crime involving dishonesty or breach of trust, and that the fact that the
person continues to be a subject person of the licensee may threaten the
interests of the licensee or may threaten to impair public confidence in the
licensee, the director may issue an order suspending the subject person from
his office, if any, with the licensee and prohibiting the subject person from
further participating in any manner in the conduct of the business of the
licensee, except with the consent of the director.
(2) If the director determines that a subject person or former subject
person of a licensee to whom an order was directed under subsection (1) of
this section, or another subject person of a licensee, has been convicted of,
entered a plea of guilty to, has been found guilty of a crime which is
punishable by imprisonment for a term of not less than one (1) year and which
involves dishonesty or breach of trust, and that the fact that the person
continues to be or will resume to be a subject person of the licensee may
threaten the interests of the licensee or may threaten to impair public
confidence in the licensee, the director may issue an order suspending or
removing the subject person or former subject person from his office, if any,
with the licensee and prohibiting the subject person from further
participating in any manner in the conduct of the business of the licensee,
except with the prior consent of the director.
(3) Within thirty (30) days after an order is issued under subsection (1)
or (2) of this section, the subject person of a licensee to whom the order is
directed may file with the director an application for a hearing on the order.
If the director fails to commence a hearing within fifteen (15) business days
after the application is filed or within a longer period to which the subject
person consents, the order shall be considered rescinded. Upon the conclusion
of the hearing, the director shall affirm, modify, or rescind the order. A
subject person or former subject person of a licensee to whom an order is
directed under subsection (1) or (2) of this section may petition for judicial
review of the order pursuant to chapter 52, title 67, Idaho Code.
(4) The fact that a subject person of a licensee charged with a crime
involving dishonesty or breach of trust is not convicted of the crime shall
not preclude the director from issuing an order concerning the subject person
under any other provision of this chapter.
(5) A person to whom an order is directed under this section may apply to
the director to modify or rescind the order. The director shall not modify or
rescind the order unless the director determines that it is in the public
interest to do so and that it is reasonable to believe that the person, if and
when he or she becomes a subject person of a licensee, will comply with this
chapter.
(6) As used in this section, "office," if used with respect to a
licensee, means the position of director, officer, or employee of the licensee
or of a subsidiary of the licensee.

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