Idaho Code > Title 18 > Chapter 57 – Public Funds and Securities


18-5701	Misuse of Public Moneys by Public Officers and Public Employees
18-5702	Grading and Punishment for Misuse of Funds
18-5703	Definitions

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Terms Used In Idaho Code > Title 18 > Chapter 57 - Public Funds and Securities

Accredited college or university: means an institution accredited by the regional accrediting associations, as reported in the most current publication of the accredited institutions of postsecondary education. See Idaho Code 54-2004
Accredited continuing education activity: means a provider and course, seminar, scientific program or any other activity approved by the board or its designees for continuing education credit. See Idaho Code 54-2103
Accredited or approved school of veterinary medicine: means any veterinary college or division of a university or college inside or outside the United States or Canada that offers the degree of doctor of veterinary medicine, veterinary medicine doctor, or its equivalent and is accredited or approved by the council on education of the American veterinary medical association or other accrediting agency or association approved by the board. See Idaho Code 54-2103
Active license: means the status of a real estate license that has not been inactivated, expired, terminated, suspended or revoked. See Idaho Code 54-2004
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Allied health professional: means a person holding a current active license, in good standing, in any state to practice one (1) of the healing arts including, but not limited to, medicine, dentistry, osteopathy, chiropractic, acupuncture and podiatry. See Idaho Code 54-2103
Anesthetized: means any condition of general anesthesia, caused by the administration of a drug or combination of drugs in sufficient quantity to produce a state of unconsciousness or disassociation and blocked response to a given pain or alarm stimulus. See Idaho Code 54-2103
Animal: means any animal other than man and includes fowl, birds, fish and reptiles, wild or domestic, living or dead. See Idaho Code 54-2103
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
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.
Applicant: means a person applying for a license or permit under this chapter. See Idaho Code 54-2203
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Assistant: means any individual, other than a certified veterinary technician or a licensed veterinarian, who is utilized by a licensed veterinarian to assist in the performance of acts pertaining to the practice of veterinary medicine. See Idaho Code 54-2103
Associate broker: means an individual who has qualified personally as a real estate broker in Idaho under this chapter, but is licensed under, associated with and represents a designated broker in the performance of any act described in subsection (39) of this section. See Idaho Code 54-2004
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Board: means the state board of veterinary medicine. See Idaho Code 54-2103
Board: means the Idaho physical therapy licensure board. See Idaho Code 54-2203
Board: means the state board of pharmacy created in chapter 17, title 54, Idaho Code, or its successor agency. See Idaho Code 37-2701
Branch office: means an office operated by a licensed real estate broker or licensed legal business entity, separate and apart from the main office. See Idaho Code 54-2004
Broker price opinion: means a written price opinion of the estimated price for identified real property prepared or rendered by an actively licensed broker or associate broker, for a purpose other than a prospective listing or sale, and that complies or purports to comply with the requirements and content provision of section 54-4105, Idaho Code. See Idaho Code 54-2004
Brokerage company: means a real estate business, whether a sole proprietorship, a legal entity, or any other licensed person engaged in acts requiring a real estate license in Idaho, that is conducting or holding itself out as conducting the business of real estate through a designated broker. See Idaho Code 54-2004
Brokerage representation agreement: means a written contract between a buyer, seller, or both, and a real estate brokerage for agency representation in a regulated real estate transaction. See Idaho Code 54-2004
Business conduct and office operations course: means the component of the advanced real estate course that is required in order to obtain a broker license and that teaches business practices and office operations of the brokerage, including recordkeeping, trust account procedures and the laws governing those practices. See Idaho Code 54-2004
Business day: means and includes each day of the week except Saturday, Sunday or any other legal holiday enumerated in section 73-108, Idaho Code. See Idaho Code 54-2004
Business name: means the name in which the brokerage company is licensed by the commission. See Idaho Code 54-2004
Business opportunity: means and includes an established business, goodwill of an established business, or any interest therein, other than a lease, or any one (1) or combination thereof, where a sale or transfer of real property is involved in the transaction. See Idaho Code 54-2004
CEA: means a law enforcement agency, an animal control agency or a society for the prevention of cruelty to animals that has been inspected and certified by the committee on humane euthanasia or the board. See Idaho Code 54-2103
Certified veterinary technician: means a person who has fulfilled the certification requirements prescribed by board rule and has been certified by the board to practice veterinary technology in this state. See Idaho Code 54-2103
Commercial real estate: means a business opportunity as defined in this section, or any real estate other than real property improved by one (1) to four (4) residential dwelling units. See Idaho Code 54-2004
Commission: means the Idaho real estate commission, unless the context clearly indicates a different meaning. See Idaho Code 54-2004
Commission core course: means the annual course covering the twelve (12) month period between July 1 and June 30, which contains curriculum identified by the commission that stresses that year’s trends in real estate practices and changes in laws in real estate-related industries. See Idaho Code 54-2004
Committee on humane euthanasia: means a committee established by the board for the purposes of training, examining, certifying and inspecting certified euthanasia agencies and certified euthanasia technicians. See Idaho Code 54-2103
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Consultation: means a deliberation between two (2) or more veterinarians concerning the diagnosis of a disease or the proper management of the case. See Idaho Code 54-2103
Continuance: Putting off of a hearing ot trial until a later time.
Continuing education elective course: means a real estate course offering, other than the commission core course for which continuing education credit hours may be obtained as provided in section 54-2023, Idaho Code. See Idaho Code 54-2004
Contract: A legal written agreement that becomes binding when signed.
Controlled substance: means a drug, substance or immediate precursor in schedules I through VI of article II of this chapter. See Idaho Code 37-2701
Convicted: means a plea of nolo contendere or guilty, a jury verdict of guilty or a court decision of guilt whether or not a judgment or sentence has been imposed, withheld or suspended. See Idaho Code 54-2004
Conviction: A judgement of guilt against a criminal defendant.
Cooperative sale: means a transaction involving two (2) or more brokers. See Idaho Code 54-2004
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Council: means the Idaho real estate education council. See Idaho Code 54-2004
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Dealer in options: means any person, firm, partnership, association or corporation who shall directly or indirectly take, obtain or use options to purchase, exchange, lease option or lease purchase real property or any interest therein for another or others whether or not the options shall be in his or its name and whether or not title to the property shall pass through the name of the person, firm, partnership, association or corporation in connection with the purchase, sale, exchange, lease option or lease purchase of the real property, or interest therein. See Idaho Code 54-2004
Decedent: A deceased person.
Deed: The legal instrument used to transfer title in real property from one person to another.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Department: means the department of self-governing agencies. See Idaho Code 54-2203
Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
Designated broker: means an individual who is licensed as a real estate broker in Idaho and who is designated by the brokerage company to be responsible for the supervision of the brokerage company and the activities of any associated licensees in accordance with this chapter. See Idaho Code 54-2004
Direct supervision: means the supervising veterinarian is on the premises where the animal is being treated, is quickly and easily available, and the animal has been examined by the supervising veterinarian as acceptable veterinary medical practice requires. See Idaho Code 54-2103
Discipline: means board action including, but not limited to:

Idaho Code 54-2103

Distance learning course: means , in relation to a real estate course offering, a real estate course that is delivered not as a live course but through a medium in which the instructor and student are separated by both distance and time. See Idaho Code 54-2004

Division: means the division of occupational and professional licenses. See Idaho Code 54-2203

Double contract: means two (2) or more written or unwritten contracts of sale, purchase and sale agreements, loan applications, or any other agreements, one (1) of which is not made known to the prospective loan underwriter or the loan guarantor, to enable the buyer to obtain a larger loan than the true sales price would allow, or to enable the buyer to qualify for a loan that he or she otherwise could not obtain. See Idaho Code 54-2004

Drug: means : (1) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; (2) substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals; (3) substances, other than food, intended to affect the structure or any function of the body of man or animals; and (4) substances intended for use as a component of any article specified in clause (1), (2), or (3) of this subsection. See Idaho Code 37-2701

Dry needling: means a skilled intervention performed by a physical therapist that uses a thin filiform needle to penetrate the skin and stimulate underlying neural, muscular and connective tissues for the evaluation and management of neuromusculoskeletal conditions, pain and movement impairments. See Idaho Code 54-2203

Emergency: means that the animal has been placed in a life-threatening condition where immediate treatment is necessary to sustain life. See Idaho Code 54-2103

Emergency veterinary facility: means any facility with the primary function of receiving, treating, and monitoring emergency patients during its specified hours of operation or that displays to the public any sign, card, or advertisement that indicates it is an emergency veterinary clinic or hospital. See Idaho Code 54-2103

Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}

Escrow: Money given to a third party to be held for payment until certain conditions are met.

Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Executive director: means the executive director of the Idaho real estate commission. See Idaho Code 54-2004

Executor: A male person named in a will to carry out the decedent

Expired license: means the status of a license when the license period has expired and the license is not renewed or provisional license granted, and before the license is terminated. See Idaho Code 54-2004

Fee or commission: means a payment, actual, promised or expected, as compensation for the performance of any act requiring a real estate license. See Idaho Code 54-2004

Fiduciary: A trustee, executor, or administrator.

Financial transaction card: means :

Idaho Code 18-5703

Financial transaction card account number: means the account number assigned by an issuer to a financial transaction card to identify and account for transactions involving that financial transaction card. See Idaho Code 18-5703

Floating: means shaping the posterior (cheek) teeth and the incisors (cutting teeth) in horses, mules and donkeys through the use of hand floats, rasps, burs, mechanical files or other file-like instruments to restore balance, allow more efficient mastication, and reduce pain and trauma to the periodontal tissues. See Idaho Code 54-2103

Fraud: Intentional deception resulting in injury to another.

Governmental entity: means :

Idaho Code 18-5703

Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}

Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

hemp: means the plant species Cannabis sativa L. See Idaho Code 37-2701

Immediate precursor: means a substance which the board has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail or limit manufacture. See Idaho Code 37-2701

In good standing: means , when used in reference to an applicant for licensure or certification, that an applicant:

Idaho Code 54-2103

Inactive license: means the status of a license that is not expired, terminated, suspended or revoked, and during which inactive period the license holder is not authorized to act as or associate with a designated broker. See Idaho Code 54-2004

Indirect supervision: means the supervising veterinarian is not on the premises but is available for immediate contact by telephone, radio or other means, has given either written or oral instructions for treatment of the animal patient, the animal has been examined by the supervising veterinarian as acceptable veterinary medical practice requires, and the animal, if previously anesthetized, has recovered to the point of being conscious and sternal. See Idaho Code 54-2103

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

Jurisprudence: The study of law and the structure of the legal system.

Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}

Legal business entity: means and includes any type of corporation, partnership, limited liability company or limited liability partnership, a governmental entity, trust or other entity capable of conducting business. See Idaho Code 54-2004

License: means a document issued by the board to a person under this chapter authorizing the person to practice as a physical therapist or physical therapist assistant. See Idaho Code 54-2203

Licensed veterinarian: means a person who is validly and currently licensed to practice veterinary medicine in this state. See Idaho Code 54-2103

Licensee: means any person who is licensed in accordance with this chapter to engage in the business or act in the capacity of real estate broker, associate broker or real estate salesperson. See Idaho Code 54-2004

Live presentation: means , in reference to a real estate course offering, a real estate course that is personally presented by the instructor and personally attended by the student at the same facility, or, if separated by distance, the instructor and student are connected by contemporaneous, two-way audio and visual communication. See Idaho Code 54-2004

Main office: means the principal location where the real estate broker is licensed to transact business. See Idaho Code 54-2004

Manufacture: means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, and includes extraction, directly or indirectly, from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance:

Idaho Code 37-2701

marihuana: means all parts of the plant of the genus Cannabis, regardless of species, and whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. See Idaho Code 37-2701

Mobile clinic: means a vehicle including, but not limited to, a camper, motor home, trailer or mobile home used as a veterinary medical facility. See Idaho Code 54-2103

Month: means a calendar month, unless otherwise expressed. See Idaho Code 73-114

Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.

Oath: A promise to tell the truth.

Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.

Opiate: means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See Idaho Code 37-2701

Opium poppy: means the plant of the species Papaver somniferum L. See Idaho Code 37-2701

Out-of-state broker: means a person who holds the equivalent of an active Idaho designated broker license in another jurisdiction who is not licensed as a real estate broker under this chapter. See Idaho Code 54-2004

Out-of-state sales associate: means a person who holds the equivalent of an active Idaho salesperson or associate broker license in another jurisdiction who is not licensed as a salesperson or associate broker under this chapter. See Idaho Code 54-2004

Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.

person: includes a corporation as well as a natural person;

Idaho Code 73-114

Person: means and includes an individual, or any legal business entity. See Idaho Code 54-2004

Person: means any individual, firm, partnership, association, joint venture, cooperative and corporation, or any other group or combination acting in concert, and whether or not acting as principal, trustee, fiduciary, receiver, or as any other kind of legal or personal representative, or as the successor in interest, assignee, agent, factor, servant, employee, director, officer, or any other representative of such person. See Idaho Code 54-2103

Person: means individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Idaho Code 37-2701

Physical therapist: means a person licensed under the provisions of this chapter to engage in the practice of physical therapy. See Idaho Code 54-2203

Physical therapist assistant: means a person who meets the requirements of this chapter and who performs physical therapy procedures and related tasks that have been selected and delegated only by a supervising physical therapist. See Idaho Code 54-2203

Physical therapy: means the care and services provided by or under the direction and supervision of a physical therapist. See Idaho Code 54-2203

Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.

Poppy straw: means all parts, except the seeds, of the opium poppy after mowing. See Idaho Code 37-2701

Post license course: means a commission-approved or certified elective course that is specifically oriented toward salespersons in their first two (2) years of Idaho practice. See Idaho Code 54-2004

Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}

Practice of physical therapy: means the exercise of the profession of physical therapy by a person who engages in the following health care activities:

Idaho Code 54-2203

Probable cause: A reasonable ground for belief that the offender violated a specific law.

Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

Property: includes both real and personal property. See Idaho Code 73-114

Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Provisional license: means an extension of the period of active licensure, beyond the licensee’s expiration date, granted by the commission for the purpose of allowing the licensee to complete the continuing education requirements set forth in section 54-2023, Idaho Code, or for any other purpose allowed by this chapter. See Idaho Code 54-2004

Public employee: means any person who is not a public officer and is employed by a governmental entity. See Idaho Code 18-5703

Public moneys: includes all bonds and evidences of indebtedness, fees, fines, forfeitures, and all other moneys belonging to or in the charge of a governmental entity or held by a public officer or public employee in his official capacity, and all financial transaction cards, financial transaction card account numbers and credit accounts issued to or for the benefit of the governmental entity. See Idaho Code 18-5703

Public officer: means any person holding public office of a governmental entity:

Idaho Code 18-5703

Quorum: The number of legislators that must be present to do business.

Real estate broker: means and includes:

Idaho Code 54-2004

Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

Regular employee: means an individual who performs a service for wages or other compensation and whose employer withholds federal employment taxes under a contract of hire, written or oral, express or implied. See Idaho Code 54-2004

Regulated real estate transaction: means those real estate transactions for which a real estate license is required under chapter 20, title 54, Idaho Code. See Idaho Code 54-2004

Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

Responsible broker: means the designated broker in the regulated real estate transaction who is responsible for the accounting and transaction files for the transaction, in the manner described in section 54-2048, Idaho Code. See Idaho Code 54-2004

Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

Revoked license: means a license that has been permanently revoked by the issuing authority. See Idaho Code 54-2004

Sales associate: means a salesperson or an associate broker licensed under and associated with a designated broker. See Idaho Code 54-2004

salesperson: means any person who has qualified and is licensed as a real estate salesperson in Idaho under this chapter and is licensed under, associated with, and represents a designated broker in the performance of any act described in subsection (39) of this section. See Idaho Code 54-2004

Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

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

State or jurisdiction: means and includes any state or territory of the United States, the District of Columbia and any foreign jurisdiction that issues real estate licenses substantially similar to those provided for in this chapter. See Idaho Code 54-2004

Statute: A law passed by a legislature.

Subpoena: A command to a witness to appear and give testimony.

Subpoena duces tecum: A command to a witness to produce documents.

Successfully completed: means , in reference to a real estate course offering, completing all required course hours and, except where the licensee seeks continuing education credit for having regularly attended the live presentation of a course, passing a commission-approved assessment or final examination. See Idaho Code 54-2004

Supervising veterinarian: means a licensed veterinarian utilizing the services of a temporary licensee, certified veterinary technician, veterinary technician, veterinary technician with a temporary certification, veterinary assistant, certified euthanasia technician, or as provided by the rules of the board. See Idaho Code 54-2103

Supervision: means the action or process of a supervising veterinarian in directing activities or a course of action for those individuals to whom activities or functions have been assigned or delegated. See Idaho Code 54-2103

Supportive personnel: means a person or persons trained under the direction of a physical therapist who performs designated and supervised routine physical therapy tasks. See Idaho Code 54-2203

Surrendered license: means a license that has been voluntarily terminated or surrendered by a licensee who, at the time of the voluntary termination or surrender, was under investigation or named in a formal administrative complaint. See Idaho Code 54-2004

Suspended license: means a license that has been temporarily suspended by the issuing authority. See Idaho Code 54-2004

Testimony: Evidence presented orally by witnesses during trials or before grand juries.

Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}

Trustee: A person or institution holding and administering property in trust.

Unethical or unprofessional conduct: means to knowingly engage in conduct of a character likely to deceive or defraud the public, false or misleading advertising or solicitation, obtaining any fee or compensation by fraud or misrepresentation, sharing office space and working in conjunction with any person illegally practicing veterinary medicine, employing either indirectly or directly an unlicensed or uncertified person to perform acts pertaining to the practice of veterinary medicine, except as provided by law or rule, or the violation of any law or rules of the board pertaining to unethical or unprofessional conduct or that provide a code of professional conduct to be followed and carried out by persons licensed or certified by the board. See Idaho Code 54-2103

Verdict: The decision of a petit jury or a judge.

Veterinarian: means a person who has received a doctor’s degree in veterinary medicine from an accredited or approved school of veterinary medicine or as otherwise provided by law or rule. See Idaho Code 54-2103

Veterinarian on premises: means a veterinarian is present at the veterinary medical facility and is prepared and qualified to render veterinary services. See Idaho Code 54-2103

Veterinary medical facility: means any premises, office, unit, structure, mobile unit, or area utilized for the practice of veterinary medicine other than the premises of an owner when used for treatment of the owner’s animal. See Idaho Code 54-2103

Veterinary technician: means a person who has graduated from a veterinary technology program accredited or approved by the committee on veterinary technician education and activities of the American veterinary medical association or other accrediting agency approved by the board or a person who has received equivalent training as set forth in the rules of the board. See Idaho Code 54-2103

Veterinary technology: means the performance of services within the practice of veterinary medicine by a person working under the direction of a supervising veterinarian to perform duties that require an understanding of veterinary medicine in order to carry out the orders of the veterinarian. See Idaho Code 54-2103