Current through September 2, 2024
Section 16.07.25.101 - INSPECTIONS01.Random and Unannounced Inspections. The total number of random and unannounced inspections under this rule will be determined by:a. The number of permittees on the last day of each calendar year multiplied by the percentage of violations for the preceding year multiplied by a factor of ten (10).b. In no instance will the total number of inspections be less than the number of permittees, or exceed twice the number of permittees.c. The Department and the Idaho State Police will conduct at least one (1) unannounced inspection per year at every known business location identified as a retailer of tobacco or electronic smoking device products to the public. All additional inspections required to meet the total number specified under Section 101 of this rule will be conducted in a random manner.02.Law Enforcement Agency Inspections.a. In addition to the inspections under Subsection 101.01 of this rule, any law enforcement agency may conduct inspections consistent with agency policy and procedure with or without a minor at any business location, at any time, where tobacco or electronic smoking device products are sold or distributed to the public.b. Law enforcement agencies conducting inspections under Subsection 101.02.a. of this rule will report the results from their inspections to the Department. All citations will become part of the permittee's permanent record.03.Complaint Investigation. a. The Department will refer all written complaints concerning the sale of tobacco or electronic smoking device products to minors to the appropriate agency, as determined by the Department, for investigation.b. Inspections conducted as part of the investigation of a written complaint are not included in the overall number of inspections identified under Subsections 101.01 and 101.02 of this rule. Citations issued during the investigation of a written complaint will be added to the permittee's permanent record.04.Issuance of Citation or Report. For inspections conducted under Subsection 101.01 of this rule, a representative of the business will be provided with a report, within two (2) business days, after the inspection. The date the Department provides notification of the citation will be used for determination of timely payment of fines and all other administrative actions including requests for waivers and request for appeals.Idaho Admin. Code r. 16.07.25.101