Idaho Code
Idaho Code

Idaho Code § 40-305 (2026)

Removal of board members. 

✓ current as of May 2026
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Removal of board members. 

The governor may remove any board member for incompetency, inefficiency, intemperance, misconduct in office, neglect or dereliction of duty. Charges in writing, setting forth fully and concisely the cause and grounds of removal, together with a citation directing the member within fifteen (15) days after the service of the charges and citation to appear and be afforded a public hearing in the office of the governor, shall be effected by delivering a copy of the charges to the member or mailing it by United States registered mail in a sealed envelope with postage fully prepaid, addressed to the member at his last address of record. The appearance may be personal or by answer, and by counsel. Service of the charges and citation shall be complete if delivered personally at the time of delivery, and if mailed at the time of deposit in accordance with the provisions of the Code of Civil Procedure relating to service by mail. A complete transcript of the hearing, including the charges, answers, exhibits and testimony and proceedings, findings, decision and order, shall be made. If the member is removed from office, the completed transcript shall within ten (10) days after the decision be filed with the secretary of state.

Notes of Decisions
Cited in 3 cases, 1937–2012 · leading case: Vill. of Lapwai v. Alligier, 299 P.2d 475 (Idaho 1956).
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Vill. of Lapwai v. Alligier, 299 P.2d 475 (Idaho 1956). · cites it 2× “Moreover, the legislature, in providing for the use of streets and alleys by utilities, expressly required the consent of the municipal authorities, and authorized the municipal authorities to impose reasonable regulations upon such use.”
United Pac. Ins. v. Bakes, 67 P.2d 1024 (Idaho 1937). “Respondent is engaged in a general casualty and surety insurance business, thus being in classes 4 and 5, sections 40-305, and 40-306, I. C. A., thus not in one of the excepted classes entitled to make deductions.”
Lowe v. Idaho Transp. Dep't, 878 F. Supp. 2d 1166 (D. Idaho 2012). · cites it 5× “”); with I.C. § 40-305 (“The governor may remove any board member for incompetency, inefficiency, intemper *1180 anee, misconduct in office, neglect or dereliction of duty.”
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