66-323A DESIGNATED EXAMINER AND DISPOSITIONER — APPOINTMENT.

66-323A. designated examiner and dispositioner — appointment. (1) An applicant seeking an appointment or reappointment as a designated examiner or dispositioner shall:

(a) Complete an application using forms approved by the department; and

(b) Provide the department with verification of the applicant's credentials, including:

(i) How the applicant meets the requirements of this chapter;

(ii) Documentation of current licensure;

(iii) Evidence of completion of the required training pursuant to section 66-323, Idaho Code, within sixty (60) days prior to the date of application;

(iv) Evidence of a favorable recommendation from an authorized representative of the department; and

(v) Documentation of a background check clearance completed within ninety (90) days of the date of the application. Applicants who are current employees of the department may use a previous background check clearance received through the applicant's department employment.

(2) The department shall notify each applicant in writing of the department's decision within sixty (60) days of the date the completed application was received by the department. A provisional designation may be granted for individuals who meet all criteria and have submitted a background check application if no disqualifying crimes or relevant records are disclosed on the application.

(3) Appointments shall expire two (2) years from the date of appointment, unless the appointee applies for, and is granted, a reappointment. A request for reappointment must be received by the department at least sixty (60) days prior to the expiration date of the previous appointment.

(4) The department may deny, suspend, or revoke the appointment or reappointment of a designated examiner, a senior designated examiner, or a dispositioner:

(a) Without prior notice when conditions exist that endanger the health or safety of any client; or

(b) With prior notice for any of the following reasons:

(i) Failure to comply with the provisions of this chapter;

(ii) Failure to furnish data, information, or records as requested by the department;

(iii) Revocation or suspension of the appointee's license;

(iv) Refusal to participate in a quality assurance process as requested by the department;

(v) Inadequate knowledge or performance, as demonstrated by repeated substandard peer or quality assurance reviews;

(vi) Misrepresentation by the appointee in the appointee's application or required documents;

(vii) A conflict of interest in which an appointee exploits the appointee's position as a designated examiner, senior designated examiner, or dispositioner for personal benefit;

(viii) A criminal, civil, or administrative determination that the appointee has committed fraud or gross negligence in the appointee's capacity as a designated examiner, senior designated examiner, or dispositioner;

(ix) The substantiated disposition of a child protection referral or adult protection referral; or

(x) Failure to correct any unacceptable conduct, practice, or condition as determined by the department to be detrimental to public health or safety within thirty (30) days of written notice.

(5) Applicants and appointees may appeal a department decision to deny, suspend, or revoke an appointment in accordance with the provisions of chapter 52, title 67, Idaho Code.

(6) Following the denial, suspension, or revocation of appointment or reappointment, the same appointee may not reapply for appointment for a period of one (1) year after the effective date of the action.

History:

[66-323A, added 2025, ch. 110, sec. 17, p. 586.]