IDAPA 15.03.01
IDAHO FOREST PRODUCTS COMMISSION
15.03.01 – Rules of Administrative Procedure of the Idaho Forest Products Commission
Who does this rule apply to?
Persons involved in harvesting, measuring, and processing, logs within the state of Idaho. All employees, including self-employed, engaged in the harvest or transport of timber, logs, unfinished lumber, chips, sawdust, shavings or hog fuel in Idaho. Business entities or persons that own more than ten thousand (10,000) acres of forest land.
What is the purpose of this rule?
To administer the statutory duties of the Idaho Forest Products Commission.
What is the legal authority for the agency to promulgate this rule?
This rule implements the following statutes passed by the Idaho Legislature:
Forestry, Forest Products and Stumpage Districts -
Who do I contact for more information on this rule?
Idaho Forest Products Commission 350 N. 9th Street, #102 Boise, ID 83702
P. O. Box 855 Boise, ID 83701 Phone: 208-334-3292 Email: ifpc@idahoforests.org Web: https://idahoforests.org/
15.03.01 – Rules of Administrative Procedure of the Idaho Forest Products Commission
| 000. Legal Authority. | 3 |
|---|---|
| 001. Title And Scope. | 3 |
| 002. -- 003. (Reserved) | 3 |
| 004. Definitions. | 3 |
| 005. -- 099. (Reserved) | 3 |
| 100. Nominations, Vacancies And Terms. | 3 |
| 101. -- 199. (Reserved) | 3 |
| 200. Assessments And Fees. | 3 |
| 201. -- 299. (Reserved) | 4 |
| 300. Late Payments And Penalties. | 4 |
| 301. -- 999. (Reserved) | 4 |
IDAHO FOREST PRODUCTS COMMISSION
This chapter is adopted under the legal authority of Title 38, Chapter 15, Idaho Code. (3-18-22)
The title of this chapter is “Rules of Administrative Procedure of the Idaho Forest Products Commission,” and cited as IDAPA 15.03.01. These rules set forth the practices and procedures for the activities of the Idaho Forest Products Commission. (3-18-22)
In addition to the definitions set forth in Section 38-1502, Idaho Code, as used in this chapter: (3-18-22)
01. Assessment. The fee authorized by Section 38-1515, Idaho Code, which is levied against financial supporters for their individual share of the Commission budget for the assessment year. The assessment will be based upon data compiled from the base year. (3-18-22)
02. Person. An individual, partnership, association, corporation or other entity qualified to do business in the state of Idaho. (3-18-22)
01. Chair and Vice-Chair. The Commission nominates and elects, by majority vote, a Chair to serve as presiding officer at all Commission meetings. The Commission may also nominate and elect, by majority vote, a Vice-Chair to accept the duties of the Chair in the event that the Chair is unable to attend a meeting of the Commission. The term of the office of Chair and Vice-Chair is one (1) year, commencing July 30 of each year. (3-18-22)
02. Nominations. Nominations for expiring seats on the Commission will be made by the financial supporters of the Commission from the district in which the seat is expiring, or from all districts in the case of an at-large member, no later than June 1 of that year. The Commission will provide nomination applications to all financial supporters and will forward the names of all qualified nominees to the Governor. The Commission may also make recommendations or nominations. In making the appointments, the Governor will take into consideration recommendations made to him by the Commission and by organizations that represent or are engaged in harvesting, transporting or manufacturing forest products. (3-18-22)
03. Vacancies. Vacancies in any unexpired term will be filled by the Governor for the remainder of the unexpired term. The Commission will identify qualified candidates and forward their names to the Governor. The member appointed to fill the vacancy will represent the same region and interests as the person whose seat has become vacant. The at-large member will represent all regions. (3-18-22)
An assessment for all logs harvested, measured or processed within the state of Idaho and for all employees, including self employed, engaged in the harvest or transport of timber, logs, unfinished lumber, chips, sawdust, shavings or hog fuel in Idaho, and for each acre of forest land owned by a business entity or person that owns more than ten thousand (10,000) acres of forest land will be set by the Commission no later than January 1 of the assessment year. Notice of the assessment will be mailed no later than the last day of the fourth week of May of the assessment year to the last known address of each financial supporter. Assessment will not be reduced for financial supporters who cease business during an assessment year. (3-18-22)
01. Payment Method. Financial supporters of the Commission may choose to pay their assessment in either one (1) full payment due thirty (30) days after the date the notice of assessment is mailed, or in four (4) equal payments with payment in full made by December 31 of the assessment year. (3-18-22)
02. Assessments Levied. Assessments on logs processed into various manufactured products will be levied against the forest products manufacturer that initiates the manufacturing process. (3-18-22)
03. Insufficient Funds Checks. The Commission will establish a policy and schedule for insufficient funds checks that will be reviewed annually. This policy and schedule will be available to the public under the procedures set forth by the Public Records Act, Title 74, Chapter 1, Idaho Code. (3-18-22)
201. -- 299. (RESERVED)
Whenever payment in full or a quarterly payment is not received within thirty (30) days of the posting date of an assessment invoice, the payment will be considered delinquent. Interest of one percent (1%) per calendar month on the balance due will be levied against all delinquent accounts, commencing thirty-one (31) calendar days after the posting date of the assessment invoice. The Commission may proceed with legal action against delinquent accounts in Fourth Judicial District Court or under the provisions of the Administrative Procedure Act, Title 67, Chapter 52, Idaho Code, and seek attorney fees and costs in such proceedings. (3-18-22)
301. -- 999. (RESERVED)