Idaho Code

Idaho Code § 72-501 (2026)

Creation of commission — Appointment, term of office — Qualifications — Affiliations — Effect of accepting appointment — Vacancies — Removal of member for cause.

✓ current as of May 2026

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Creation of commission — Appointment, term of office — Qualifications — Affiliations — Effect of accepting appointment — Vacancies — Removal of member for cause.

(1) A commission is hereby created to be known as the industrial commission consisting of three (3) members, to be appointed by the governor, with the approval of the senate. The industrial commission shall be, for the purposes of section 20, article IV, Idaho Constitution, an executive department of the state government.

(2) The term of each member of the commission shall be six (6) years, except that the members first appointed shall be those serving as members of the industrial accident board on the date this law becomes effective, each to hold office for the balance of his term for which appointed, to-wit, one (1) until the second Monday of January, 1973, one (1) until the second Monday of January, 1975, and one (1) until the second Monday of January, 1977. On the expiration of his term, an incumbent member may continue in tenure until his successor is appointed and qualified.

(3) No person shall be eligible to appointment as a member of the commission unless he shall be at least thirty (30) years of age, a qualified elector and a resident of this state not less than three (3) years consecutively next preceding his appointment, of good moral character and of previous experience and training to qualify him efficiently and justly to discharge the duties of his office.

(4) Not more than one (1) of the appointees to the commission shall be a person who, on account of his previous vocations, employment or affiliations can be classed as a representative of employers, and not more than one (1) of the appointees shall be a person who on account of his previous vocation, employment or affiliations can be classed as a representative of workmen. The third appointee shall be an attorney at law duly licensed to practice in this state. Not more than two (2) of the members of the commission shall belong to the same political party.

(5) During his tenure in office a member shall devote full time to his duties as a member of the commission. As an official exercising judicial functions, he shall not engage in partisan political activities and shall conform his conduct to commonly acceptable standards of judicial ethics.

(6) Any vacancy during a term may be filled by the governor with the approval of the senate. If any appointment is made during the recess of the legislature it shall be subject to confirmation by the senate during its next ensuing session.

(7) A member may be disciplined or removed or retired from office by the judicial council in accordance with the procedure prescribed in section 1-2103, Idaho Code, for any cause set forth therein, subject to the review procedure and disposition of such a proceeding by the Supreme Court as in said section provided.

Notes of Decisions

Cited in 8 cases, 1972–2019 · leading case: Sweeney v. Otter, 804 P.2d 308 (Idaho 1990).

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Sweeney v. Otter, 804 P.2d 308 (Idaho 1990). · cites it 4× “§ 63-501, members of the Industrial Commission, I.C. § 72-501(1), and members of the Idaho Public Utilities Commission, I.”

Huerta v. Sch. Dist. No. 431, 773 P.2d 1130 (Idaho 1989). · cites it 4× “" I.C. § 72-501(4). Nothing in the statute precludes the other two commissioners from also being attorneys, but, historically, including the present instance, they have not been attorneys.”

Page v. McCain Foods, Inc., 179 P.3d 265 (Idaho 2008). · cites it 2× “See I.C. § 72-501(1) (statutory creation of the Industrial Commission as an executive department of the state government).”

Heese v. A & T Trucking, 635 P.2d 962 (Idaho 1981). · cites it 2× “” I.C. § 72-501(4). Similarly, district judges must be learned in the law.”

Brannon v. Pike, 737 P.2d 459 (Idaho 1987). · cites it 4× “" I.C. § 72-501(4). Similarly, district judges must be learned in the law.”

Ayala v. Robert J. Meyers Farms, Inc., 445 P.3d 164 (Idaho 2019). · cites it 2× “, I.C. § 72-501(5) ("As an official exercising judicial functions, [a member of the commission] shall not engage in partisan political activities and shall conform his conduct to commonly acceptable standards of judicial ethics.”

Lynskey v. Lind, 498 P.2d 1261 (Idaho 1972). · cites it 2× “I.C. § 72-501. 2 . I.C. § 72-101. “Employments covered.”

Ayala v. Meyers Farms (Idaho 2019). · cites it 2× “, I.C. § 72-501(5) (“As an official exercising judicial functions, [a member of the commission] shall not engage in partisan political activities and shall conform his conduct to commonly acceptable standards of judicial ethics.”

— Idaho Code § 72-501(1) — 2 cases

Sweeney v. Otter, 804 P.2d 308 (Idaho 1990). “§ 63-501, members of the Industrial Commission, I.C. § 72-501(1), and members of the Idaho Public Utilities Commission, I.”

Page v. McCain Foods, Inc., 179 P.3d 265 (Idaho 2008). “See I.C. § 72-501(1) (statutory creation of the Industrial Commission as an executive department of the state government).”

— Idaho Code § 72-501(4) — 3 cases

Huerta v. Sch. Dist. No. 431, 773 P.2d 1130 (Idaho 1989). “" I.C. § 72-501(4). Nothing in the statute precludes the other two commissioners from also being attorneys, but, historically, including the present instance, they have not been attorneys.”

Heese v. A & T Trucking, 635 P.2d 962 (Idaho 1981). “” I.C. § 72-501(4). Similarly, district judges must be learned in the law.”

Brannon v. Pike, 737 P.2d 459 (Idaho 1987). “" I.C. § 72-501(4). Similarly, district judges must be learned in the law.”

— Idaho Code § 72-501(5) — 2 cases

Ayala v. Robert J. Meyers Farms, Inc., 445 P.3d 164 (Idaho 2019). “, I.C. § 72-501(5) ("As an official exercising judicial functions, [a member of the commission] shall not engage in partisan political activities and shall conform his conduct to commonly acceptable standards of judicial ethics.”

Ayala v. Meyers Farms (Idaho 2019). “, I.C. § 72-501(5) (“As an official exercising judicial functions, [a member of the commission] shall not engage in partisan political activities and shall conform his conduct to commonly acceptable standards of judicial ethics.”

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