IDAPA 13.01.19
These rules apply to Department staff responsible for license vendor administration and to entities who current or potential Fish and Game license vendors.
These rules establish criteria regarding license vendor administration. These rules define vendor classification, the vendor application process, vendor selection, contract agreements and violations, terminations or suspensions and the issuance of licenses and tags. The purpose of these rules is to support statewide availability of license services while ensuring fiscal accountability and vendor performance.
This rule implements the following statutes passed by the Idaho Legislature:
Fish and Game -
Issuance and Sale of Licenses:
Idaho Department of Fish and Game
600 S. Walnut Street
Boise, ID 83712
P.O. Box 25
Boise, ID 83707
Phone: (208) 334-3771
Fax: (208) 334-4885
Email: Rules@idfg.idaho.gov
Webpage: http://idfg.idaho.gov
This rule chapter will be reviewed in compliance with Section 67-5292, Idaho Code, and in accordance with the 8-year rule review schedule linked here.
13.01.19 – Rules for Selecting, Operating, Discontinuing, and Suspending Vendors
000. Legal Authority. ... 3
001. Scope. ... 3
002. -- 099. (Reserved) ... 3
100. Application. ... 3
101. Selection. ... 3
102. Active Vendor Ceiling. ... 4
103. Licensing System. ... 4
104. -- 109. (Reserved) ... 4
110. Out-of-State Vendors. ... 4
111. Vendor Location Not Movable. ... 4
112. Types of Licenses Sold by Vendor. ... 4
113. -- 119. (Reserved) ... 4
120. Contract Agreement Violations. ... 4
121. Termination or Suspension of Vendor. ... 4
122. -- 129. (Reserved) ... 6
130. Issuing Licenses and Tags. ... 6
131. -- 149. (Reserved) ... 6
150. Public Monies. ... 6
151. Voided and Cancelled Licenses. ... 6
152. Loss of Documents and Fees. ... 6
153. Inspection and Audit. ... 6
154. Transfer and Sale of Documents Issued to Vendors. ... 6
155. Return Of Equipment, License Stock, Forms, And Supplies. ... 6
156. Internet Service Provider (ISP). ... 6
157. Credit Card Fees. ... 6
158. -- 199. (Reserved) ... 6
200. Contract To Take License Applications By Telephone Or Other Electronic Methods. ... 7
201. -- 999. (Reserved) ... 7
Sections 36-301 and 36-307, Idaho Code. (7-1-26)
This Chapter establishes standards for license vendors and related administration. (7-1-26)
01. Form. Applications will be on a form prescribed by the Department. (3-31-22)
02. Department Review. (3-31-22)
a. Application Review. The Department will have thirty (30) calendar days after receipt of all necessary forms to review and investigate the application. Applications from the same area will be compared to determine which will best meet vendorship needs in that area. (7-1-26)
b. Field Review. After the License Section has received the application form and all other required information from an applicant, they will contact the regional supervisor or a designated regional enforcement officer for a recommendation on the application. The regional supervisor or enforcement officer will have ten (10) business days to provide the License Section with a recommendation on the application. (7-1-26)
03. Applicant. (3-31-22)
a. Application. The Department will only consider license vendorship applications completed in their entirety and accompanied by an original copy of a current credit rating from a recognized credit bureau. The Department will only consider completed applications received by the License section no later than sixty (60) days after the date of the application transmittal letter. The Department may grant an applicant's request to extend this period for up to thirty (30) additional days. Any false or misleading response will void the application. (3-31-22)
b. Approved Application. If the Department approves an application, the applicant will have sixty (60) days from the date of the applicant's approval letter to provide the Department with a signed vendorship contract, and any bond, deposit, or documentation the Department may require. Failure to meet this deadline will void the approval except for extenuating circumstances approved by the Department. (3-31-22)
The following factors will be considered for selecting an applicant to become a license vendor: (3-18-22)
01. Community Benefit. Community benefit applicants may demonstrate a need within the community. The department will consider proximity to other vendors and relevance to hunters and anglers. (7-1-26)
02. Unsettled Debts. Applicants who have unsettled debts listed with a credit bureau will not be approved. Unsettled debts that are in dispute will not be considered against the applicant. (3-18-22)
03. Surety Bond. The Department may require an applicant to provide for each location, a ten-thousand-dollar ($10,000) surety bond from a corporate surety authorized to do business in the state of Idaho, which guarantees the payment of all state funds collected as a result of licenses issued by the vendor if it appears from the application or other information that an undue risk might otherwise be placed upon the Department in the absence of such bonding. Applicants who otherwise qualify for a vendorship and have been in business less than three (3) years will be required to furnish the Department with a ten thousand dollar ($10,000) surety bond in the form and length as determined by the Director. Upon request, at the completion of two (2) years of service, the Department may release the vendor from the bonding requirement based on a review of financial risk. (7-1-26)
04. Permanence and Accessibility. Applicants who do not have a permanent place of business open and accessible to all segments of the public will not be approved. (3-18-22)
05. Number of Existing Vendors in Area. The three (3) closest existing vendors, their hours and days of operation, accessibility to the public, and other pertinent information, including their distance to the applicant, will be compared to the applicant. (7-1-26)
06. Minimum Sales Volume. If the applicant is seeking to replace an existing vendor at the prior vendor’s location, the prior vendor’s sales volume will be used to estimate the applicant’s sales volume. (3-18-22)
07. Performance Record. An applicant who was a license vendor or manager for a vendor within the past five (5) years will not be approved unless the applicant’s performance record was satisfactory. (7-1-26)
08. Violations. An application will not be approved if any owner, store manager, or employee who is currently or prospectively issuing products for the department has: a vendor contract violation that has resulted in or may result in termination or suspension; or any fish and game violation other than an infraction within the past three (3) years; or any felony conviction within the past five (5) years. (7-1-26)
The number of active vendors, including approved vendor applicants, is limited to four hundred (400). (7-1-26)
01. License Issuance. A vendorship must issue licenses according to statutes, administrative rules, the vendorship contract, the License Vendor Manual, and Department instructions. (3-31-22)
02. Deposit Schedule. Amounts collected from the sale and issuance of licenses, along with the Department’s share of the license issuance fee for each license will be deposited not less frequently than once every seven (7) calendar days in a bank account from which the License Vendor has authorized remittance to the Department for its share of fees. (7-1-26)
03. Reporting Time Period. The accounting and reporting time period is a calendar week (Sunday through Saturday). (3-31-22)
An out-of-state location will not be approved to sell licenses, but existing out-of-state- vendors may continue to be approved by the Department. (7-1-26)
No vendorship may be relocated to another area (address) without advanced written consent from the Department. (3-31-22)
The Department will determine what licenses each vendor may issue. (3-31-22)
01. Notices of Contract Violations. The Department will issue notices of contract violations whenever a vendor fails to make deposits, submit reports, or issue licenses as instructed. (7-1-26)
02. Intent to Suspend. Prior to suspending a vendor, a written notice of intent to suspend will be sent to the vendor, except where the Department determines that an emergency or a risk to the public is created by the vendor’s conduct or where the vendor has failed to pay for any fund deficiency within the prescribed time, in which cases the Department may terminate the vendor’s agreement immediately. The vendor will have fifteen (15) days to submit a written dispute to the Department. (7-1-26)
01. Grounds. The Department may terminate or suspend a license vendor on the following grounds: (3-31-22)
a. Failure to have sufficient funds for the electronic funds transfer (EFT) to the Department more than once during any twelve (12) month period. (3-31-22)
b. Failure to make good any fund deficiency to the Department within three (3) days of notification. (3-31-22)
c. Failure to follow any procedures specified by the Department for selling or reporting sales. (3-31-22)
d. Failure to comply with any terms of the contract agreement or failure to maintain the original criteria used in determining vendor eligibility. (3-31-22)
e. Fraud or deception in the vendor application. (3-31-22)
f. Failure to obtain proof of residence or completion of the application portion of the license, whether intentionally or due to recurring negligence. (7-1-26)
a. A vendorship will be terminated immediately upon the following grounds: (3-31-22)
i. Notice from the bonding company that the vendor’s bond has been canceled. (3-31-22)
ii. Receipt of two (2) suspensions in any three (3) year period. (3-31-22)
iii. Sale of the business that is the vendorship. (3-31-22)
iv. Felony conviction, or any conviction resulting in the revocation of fishing, hunting, or trapping privileges, by the owner, store manager, or employee issuing products on behalf of the Department. (7-1-26)
b. A vendorship will be suspended immediately and may be terminated immediately upon the following grounds: (3-31-22)
i. Wildlife violation, other than an infraction, by an owner, store manager, or employee issuing products on behalf of the Department. (7-1-26)
ii. Violation in the issuance of a license or in performance as a vendor. (3-31-22)
iii. Alteration of any license. (3-31-22)
iv. Three contract violations within any twelve- (12) month period. The vendorship will be suspended for up to one (1) year following such a third violation. (3-31-22)
a. Incorporated City. Vendors located within an incorporated city that fail to complete three hundred fifty (350) sales transactions during the first year of operation, or sell at least six hundred twenty-five (625) licenses during the second and subsequent years, will be terminated at the end of the calendar year. (7-1-26)
b. Unincorporated Areas. Vendors located in unincorporated areas that fail to complete three hundred (300) sales transactions during the first year of operation, or at least six hundred (600) transactions during the second and subsequent years, will be terminated at the end of the calendar year. (7-1-26)
c. A vendorship not completing the minimum number of transactions will not be terminated if the Department determines the service is necessary. (7-1-26)
04. Application After Termination. An application after termination for reason of inactivity, sale of the business, or nonpayment of license fees will be processed as a new application. The Department will not consider an application for a vendorship terminated for nonpayment of license fees until the applicant makes payment in full of all outstanding fees, including interest charged at the legal rate for judgments. (3-31-22)
122. -- 129. (RESERVED)
01. Identification. A vendor will confirm proper identification and proof of residence as defined in IDAPA 13.01.04, for every individual before issuing a resident license. Nonresident licenses and daily fishing licenses do not require identification. (7-1-26)
02. Social Security Numbers. A vendor will enter into the licensing system the digits of social security number for any person who purchases a license in accordance with Section 73-122, Idaho Code, while protecting that number as confidential information and preventing its use for other purposes or release to any third party. (7-1-26)
131. -- 149. (RESERVED)
All monies collected by a vendor are public monies of the state of Idaho and the state has a prior claim upon these monies over all creditors, assignees, or other claimants. (3-31-22)
No correction, alteration, or erasure may be made to an issued license. In case of error to an issued license, the vendor must cancel the license via the license terminal through the cancel function and immediately discard the license. Vendors may only cancel products in their possession. (7-1-26)
A vendor is responsible for all lost documents and blank license stock, regardless of the reason for loss, and will keep all documents and blank license stock in a safe and secure place, preferably in a fireproof box or vault. The vendor will immediately notify the Department of any loss and submit a detailed report of the loss. (3-31-22)
License records are subject to inspection and audit at all times by an authorized employee or agent of the Department or the State Controller's Office. (3-31-22)
A vendor may only transfer blank license stock to a location not listed on the original application or to another license vendor with advance written permission from the Department. (3-31-22)
A vendor will return any equipment and unused blank license stock, forms, and supplies to the Department immediately upon termination or request by the Department. (3-31-22)
Each license vendor will provide their own Internet Service Provider (ISP), at vendor's cost, for the computerized license system. The ISP must provide internet access sufficient to process license sales transactions. (7-1-26)
Vendors may collect a credit card processing fee from customers for products purchased with a credit card equal to the amount of fees charged to the vendor for completing the transaction. Vendors may not collect any other fees in addition to the license and credit card fee. (7-1-26)
158. -- 199. (RESERVED)
The Department may contract with one (1) or more suppliers to take applications for licenses by telephone or other electronic methods, provided license issuance complies with this chapter and any contract provisions. Any such contract will provide for the deposit of any license fees collected by the supplier to be deposited with the State Treasurer within twenty-four (24) hours of effective receipt of the monies. The Department may, by written contract, allow the supplier to collect a fee in addition to the license fee, which may be retained by the supplier. (7-1-26)
201. – 999. (RESERVED)