Idaho State Statutes - Idaho Attorney Directory

No individual may act as an agent unless that
individual holds a valid permit issued by the board and maintains at all times
a surety bond as described in section 33-2407, Idaho Code.
The application for a permit shall be furnished by the board and shall
include the following:
(1) A statement signed by the applicant that he or she has read the
provisions of this chapter and the rules promulgated pursuant thereto.
(2) An annual fee of twenty-five dollars ($25.00) for each permit.
All permits shall be renewed annually upon reapplication and proper
qualifications on the first day of July. If courses are solicited or sold by
more than one (1) agent, a separate permit is required for each agent.
The permit shall consist of a pocket card and shall bear the name and
address of the agent, the name and address of the principal, and a statement
that the bearer is an authorized agent of the principal, and may solicit and
sell courses for the principal. The agent shall surrender the permit to the
principal upon termination of employment.
An agent representing more than one (1) institution shall obtain a
separate agent's permit for each institution represented.
No individual shall be issued a permit if he or she has been previously
found in any judicial or administrative proceeding to have violated this
chapter.
A permit shall be valid for the state's fiscal year in which it is issued,
unless sooner revoked or suspended by the board for fraud or misrepresentation
in connection with the solicitation for the sale of any course of study, for
any violation of the provisions of this chapter or rules promulgated pursuant
to this chapter, or for the existence of any condition in respect to the agent
or the school he or she represents, which if in existence at the time the
permit was issued, would have been grounds for denial for the permit.
The agent shall carry the permit with him or her for identification
purposes when engaged in the solicitation for the sale and the selling of
courses of study away from the premises of the school, and shall produce the
permit for inspection upon request.
The administrative procedure act, chapter 52, title 67, Idaho Code, shall
apply to any denial of a permit or proceeding to revoke or suspend a permit of
the board conducted pursuant to this section.
The issuance of a permit pursuant to this section shall not be interpreted
as, and it shall be unlawful for any individual holding any permit to
expressly or impliedly represent by any means whatever, that the board has
made any evaluation, recognition, accreditation or endorsement of any course
of study being offered for sale by the agent or school. Any oral or written
statement, advertisement or solicitation by any principal or agent which
refers to the board shall state:
"(Name of school) is registered with the State Board of Education in
accordance with Section 33-2404, Idaho Code."
It shall be unlawful for any agent holding a permit under the provisions
of this section to expressly or impliedly represent, by any means whatsoever,
that the issuance of the permit constitutes an assurance by the board that any
course of study being offered for sale by the individual or school will
provide and require of the student a course of education or training necessary
to reach a professional, education, or vocational objective, or will result in
employment or personal earning for the student, or that the board has made any
evaluation, recognition, accreditation, or endorsement of any course of study
being offered for sale by the agent or school.
No agent shall make any untrue or misleading statement or engage in sales,
collection, credit, or other practices of any type that are illegal, false,
deceptive, misleading or unfair.
The board shall maintain records for five (5) years of each application
for permit, each bond, and each issuance, denial, termination, suspension and
revocation of a permit.
The board or a student may bring an action pursuant to the Idaho rules of
civil procedure for an agent's violation of the provisions of this chapter or
any rule promulgated pursuant to this chapter, or any fraud or
misrepresentation. The court shall determine which party is the "prevailing
party" and the prevailing party shall be entitled to the recovery of damages,
reasonable attorney fees and costs both at trial and on appeal.
Additionally, any principal or agent who violates the provisions of this
section is also guilty of a misdemeanor punishable by imprisonment in the
county jail not exceeding six (6) months, or by a fine not exceeding five
thousand dollars ($5,000), or both.

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