Department of labor — Authority and duties of the director.
(1) The director shall administer the employment security law, chapter 13, title 72, Idaho Code, the minimum wage law, chapter 15, title 44, Idaho Code, the provisions of chapter 6, title 45, Idaho Code, relating to claims for wages, the provisions of section 44-1812, Idaho Code, relating to minimum medical and health standards for paid firefighters, the disability determinations service established pursuant to 42 U.S.C. 421, and shall perform such other duties relating to labor and workforce development as may be imposed by law. The director shall be the successor in law to the office enumerated in section 1, article XIII, of the constitution of the state of Idaho. The director shall have the authority to employ individuals, make expenditures, require reports, make investigations, perform travel and take other actions deemed necessary. The director shall organize the department of labor, which is hereby created and which shall, for the purposes of section 20, article IV, of the constitution of the state of Idaho, be an executive department of the state government.
(2) The director shall have the authority pursuant to chapter 52, title 67, Idaho Code, to adopt, amend, or rescind rules as deemed necessary for the proper performance of all duties imposed by law. (3) Subject to the provisions of chapter 53, title 67, Idaho Code, the director is authorized and directed to provide for a merit system for the department covering all persons, except the director, the division administrators and two (2) exempt positions to serve at the pleasure of the director. (4) The director shall make recommendations for amendments to the employment security law and other laws the director is charged to implement as deemed proper.
(5) The director shall have all the powers and duties as may have been or could have been exercised by predecessors in law, except those powers and duties granted and reserved to the director of the department of commerce in titles 39, 49 and 67, Idaho Code, and shall be the successor in law to all contractual obligations entered into by predecessors in law, except for those contracts of the department of commerce, or contracts pertaining to any power or duty granted and reserved to the director of the department of commerce in titles 39, 49 and 67, Idaho Code.
(6) The director shall provide administrative support for the commission on human rights pursuant to section 67-5905, Idaho Code.
Notes of Decisions
Allen v. Partners in Healthcare, Inc., 512 P.3d 1093 (Idaho 2022).
· cites it 2× “For these reasons, we do not fault Allen for failing to raise a claim before the Commission that it does not have jurisdiction to resolve.”
Holly Care Ctr. v. State, Dept. of Emp., 714 P.2d 45 (Idaho 1986).
· cites it 2× “I.C. § 72-1333 states, in pertinent part, the following: (a) It shall be the duty of the director to administer this act.”
Link's Sch. of Bus., Inc. v. Emp. Sec. Agency, 380 P.2d 506 (Idaho 1963).
· cites it 2× “, § 72-1333; he may pay the fees of witnesses who are subpoenaed by the appeals examiner, and such fees shall be deemed as part of the expenses of the administration of the Law, I.”
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