(1) A department determination, if not appealed to an appeals examiner; or a decision of the appeals examiner, if judicial review is not sought; or a court order following judicial review, may be enforced by the department according to section 45-620, Idaho Code.
(2)  If at any time the department determines, in its sole discretion, that a wage claim upon which a lien was filed pursuant to section 45-620, Idaho Code, is no longer collectable, the department shall:
(a)  Transfer the state lien from the central lien filing system of the secretary of state to the district court in the county of the debtor’s last known address. A lien transferred pursuant to this subsection shall be entered in the judgment docket of the district court and recorded as a transferred lien with the effective date of the lien being the date it was initially filed with the secretary of state.
(b)  Notify the claimant in writing, at the claimant’s last known address, that the lien has been transferred and advise the claimant that no further action will be maintained by the department on the wage claim, and that from the date of the transfer, it shall be the claimant’s sole responsibility to maintain and enforce the lien.
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Terms Used In Idaho Code 45-618

  • Claimant: means an employee who filed a wage claim with the department in accordance with this chapter and as the director may prescribe. See Idaho Code 45-601
  • Department: means the department of labor. See Idaho Code 45-601
  • Docket: A log containing brief entries of court proceedings.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Wage claim: means an employee’s claim against an employer for compensation for the employee’s own personal services, and includes any wages, penalties, or damages provided by law to employees with a claim for unpaid wages. See Idaho Code 45-601
(3)  A lien transferred pursuant to this section shall be enforceable by the claimant in the same manner and with the same effect as if the lien had been a judgment of the district court.