Procedure upon affirmative vote.
If it appears that a majority of all the votes cast in each of said districts is "Consolidation–yes," said board shall make an order, and enter the same of record in its minutes, establishing said consolidated district, giving its boundaries and designation, and in detail the terms under which the consolidation has been effected, and dividing said consolidated district into three (3) divisions, and shall appoint some person qualified under this title, to act as director for each of said divisions of said district until the next general election for the election of directors, when a board of directors shall be elected as provided in section 43-201, Idaho Code: provided, however, that the organization of such district shall not take effect until the first Tuesday of the January following said order of its establishment. If the date provided by law for the election of directors shall come between the date of said order of the board of county commissioners and said first Tuesday of January, then in making such order said board shall designate the board of directors of one (1) of the consolidated districts as a board to take charge of said election, and a director shall in that case be elected for each said division of said consolidated district, and in that case no appointment of directors shall be made by said board of county commissioners.
Notes of Decisions
Swanson v. Kraft, Inc., 775 P.2d 629 (Idaho 1989).
· cites it 2× “Such a procedure would be in keeping with the legislative directive of Idaho Code Annotated § 43-1404 (superseded): "The board, or member of the board to whom the matter has been assigned, shall make such inquiries and investigations as shall be deemed necessary.”
Feuling v. Farmers' Co-Operative Ditch Co., 31 P.2d 683 (Idaho 1934).
· cites it 2× “It may not be amiss to call the particular attention of the Industrial Accident Board to the fact that it is a fact finding and administrative body; that whenever a claim is properly presented to it for investigation and' determination, that the statute expressly provides,…”
Hagadone v. Kirkpatrick, 154 P.2d 181 (Idaho 1944).
· cites it 2× “: ‘The board, or the member of the board to whom the matter has been assigned, shall make such inquiries and investigations as shall be deemed necessary * * *’ Strict rules of procedure are not required and the board shall so conduct its duties as to promote justice * * *.”
Knight v. Younkin, 105 P.2d 456 (Idaho 1940).
· cites it 2× “, section 43-1404, contains this provision : “The hearing shall be held in the city or town, or in such other convenient place within the county where the accident occurred, as the board may designate, .”
Fields v. Buffalo-Idaho Min. Co., Inc., 40 P.2d 114 (Idaho 1935).
· cites it 2× “43-1406, provides: “If a claim for review is filed, as provided in section 43-1404, the board shall hear the parties and may hear the evidence in regard to any, or all matters pertinent thereto, and may revise the decision of the member in whole or in part, or may refer the…”
Swander v. Boise Cascade Corp., 778 P.2d 774 (Idaho 1989).
“§ 43-1404, does not appear to have been utilized in Commission proceedings in the past fifty-two years — which is a long, long time for a beneficent statute to lay idle.”
Annotations are extracted automatically from the opinions in the
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