Idaho Code 55-1811 – General Powers and Duties
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(1) The commission shall have the authority to promulgate, to amend and to repeal reasonable rules for the administration and enforcement of this chapter. Such rules may include provisions for advertising standards to assure full and fair disclosure; provisions for bond, escrow or trust agreements or other means to assure that all improvements referred to in the application for registration and advertising will be completed and that purchasers will receive the interest in land for which they contracted; provisions for operating procedures; and such other rules as are necessary or proper to accomplish the purposes of this chapter.
(2) The commission may revoke a registration ordered under the provisions of this chapter, issue a cease and desist order and assess costs and attorney’s fees for the cost of any investigation and administrative or other proceedings against any person who is found to have violated any section of this chapter, the commission’s administrative rules or any order of the commission. If any amounts assessed against a subdivider by final order of the commission become otherwise uncollectible or payment is in default, and only if all of 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, including an action against any bond filed or escrow or trust funds deposited pursuant to section 55-1806, Idaho Code.
Terms Used In Idaho Code 55-1811
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commission: means the Idaho real estate commission. See Idaho Code 55-1802
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two (2) or more of any of the foregoing having a joint or common interest or any other legal or commercial entity. See Idaho Code 55-1802
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- 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
- subdivided lands: means and includes the following:
Idaho Code 55-1802Subdivider: means any owner of subdivided land who offers it for disposition or the principal agent of an inactive owner. See Idaho Code 55-1802
(3) Whenever it appears that a person has engaged or is about to engage in acts or practices that constitute or will constitute a violation of the provisions of this chapter or of a rule or order hereunder, the commission, with or without prior administrative proceedings, may bring an action in any district court to enjoin the acts or practices and to enforce compliance with this chapter or any rule or order hereunder. Upon a proper showing, a permanent or temporary injunction or restraining order may be granted.
(4) The commission may intervene in a suit involving subdivided lands. In any suit by or against a subdivider involving subdivided lands, the subdivider promptly shall furnish the commission notice of the suit and copies of all pleadings.
(5) The commission may:
(a) Accept registrations filed in other states or with the federal government;
(b) Contract with the association of real estate license law officials to use its web-based file management system to accept registrations and related filings and to reduce the registration fees for applicants who use the web-based system to file registration documents;
(c) Contract with similar agencies in this state or other jurisdictions to perform investigative functions.
(6) The commission shall cooperate with similar agencies in other jurisdictions to establish uniform filing procedures and forms, uniform public offering statements, advertising standards, rules and common administrative practices.