Idaho Code

Idaho Code § 40-503 (2026)

Offices — Appointment — Qualifications — Compensation. 

✓ current as of May 2026
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Offices — Appointment — Qualifications — Compensation. 

(1) An office of the director of the Idaho transportation department is established, and the board shall appoint a director having knowledge and experience in transportation matters. The director shall serve at the pleasure of the board. The director shall not hold any other public office, nor any office in any political committee or organization, and shall devote full time to the performance of his official duties. The director shall receive compensation as the board may determine and shall be reimbursed for all actual and necessary travel and expenses incurred by him in the discharge of his official duties, not to exceed a sum approved by the board. Subject to the approval of the board, the director shall appoint a chief engineer of the department who shall serve at the pleasure of the director and the board, and who shall be exempt from the provisions of chapter 53, title 67, Idaho Code.

(2)  An office of the chief engineer of the department is established, and the chief engineer shall be a registered professional engineer, holding a current certificate of registration in accordance with the laws of this state, or who, having those qualifications shall within nine (9) months after his appointment, qualify as a registered professional engineer in accordance with the laws of Idaho. The chief engineer shall also have had five (5) years of actual experience in highway engineering, at least three (3) of which shall have been in an administrative capacity involving the direction of a substantial technical engineering staff. The chief engineer shall not hold any other public office, nor any office in any political committee or organization, and shall devote full time to the performance of his official duties under the control and direction of the director. The chief engineer shall receive compensation and reimbursement for travel and expenses as may be established by the director.
Notes of Decisions
Cited in 2 cases, 1957–2012 · leading case: State v. Nesbitt, 310 P.2d 787 (Idaho 1957).
State v. Nesbitt, 310 P.2d 787 (Idaho 1957). · cites it 4× “use to be recorded as highways such roads as have become such by use or abandonment to the public; and subdivision 2 requires such commissioners to cause to be laid out, recorded, opened and worked, such highways as are necessary for public convenience; and by subdivision 4, the…”
Lowe v. Idaho Transp. Dep't, 878 F. Supp. 2d 1166 (D. Idaho 2012). · cites it 160× “In regard to the status of the Director position, Hutchison states: Because of the language in Idaho Code § 40-503 , it was my opinion [then], as it is today, that the transportation director is one of the most secure positions in Idaho state government.”
— Idaho Code § 40-503(1) — 1 case
Lowe v. Idaho Transp. Dep't, 878 F. Supp. 2d 1166 (D. Idaho 2012). “In regard to the status of the Director position, Hutchison states: Because of the language in Idaho Code § 40-503 , it was my opinion [then], as it is today, that the transportation director is one of the most secure positions in Idaho state government.”
— Idaho Code § 40-503(2) — 1 case
Lowe v. Idaho Transp. Dep't, 878 F. Supp. 2d 1166 (D. Idaho 2012). “In regard to the status of the Director position, Hutchison states: Because of the language in Idaho Code § 40-503 , it was my opinion [then], as it is today, that the transportation director is one of the most secure positions in Idaho state government.”
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