Idaho Admin. Code r. 38.04.08.401

Current through September 2, 2024

Section 38.04.08.401 - APPROVALS AND DENIALS OF A PERMIT APPLICATION

01.Period for Approval or Denial. The Department will approve or deny a complete application within two (2) State Business Days of the submission of the application.

02.Basis for Denial. Permits may be denied for one (1) or more of the following:

a. A Permit has been granted for all or part of the requested location during all or part of the requested time period.

b. A public entity or official will be using all or part of the requested location during all or part of the requested time period.

c. The requested use would violate any provision of these rules or applicable law.

d. These rules do not authorize the use for the location or times requested or do not authorize the issuance of a Permit for the location requested.

e. The Permit application is incomplete, contains a material falsehood, or contains a material misrepresentation.

f. The Permit applicant has not certified that the applicant will comply with these rules or applicable law.

g. The party signing the application is not legally competent to bind themselves or the organization or entity submitting the application.

h. The individual, organization or entity submitting the application:

i. Failed to pay costs or damages arising from an earlier use of any state facility;

ii. Made a material misrepresentation regarding the nature or scope of the use on a prior Permit application;

iii. Violated the terms of prior Permits issued to the individual, organization or entity; or

iv. Violated any applicable law in the course of previous Public Use of state of Idaho facilities.

i. The requested use would cause a clear and present danger to the orderly processes of state of Idaho government or to the use of the Idaho State Capitol due to advocacy of:

i. The violent overthrow of the government of the United States, the state of Idaho, or any political subdivision thereof;

ii. The willful damage or destruction, or seizure and subversion of public property;

iii. The forcible disruption or impairment of or interference with the regularly scheduled functions of the state of Idaho;

iv. The physical harm, coercion, intimidation or other invasions of the lawful rights of public officials or the public; or

v. Other disorders of a violent nature.

Idaho Admin. Code r. 38.04.08.401

Effective April 6, 2023