About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2016 Op. Idaho Att'y Gen. 1 (2016)

handle is hein.sag/sagid0094 and id is 1 raw text is: STATE OF IDAHO OFFICE OF THE ATTORNEY GENERAL LAWRENCE G. WASDEN ATTORNEY GENERAL OPINION NO. 16-01 TO: The Honorable Lee Heider The Honorable Fred Wood Idaho State Senator Idaho State Representative Statehouse Statehouse VIA HAND DELIVERY VIA HAND DELIVERY Per Request for Attorney General's Opinion You have asked this office for an answer to the following two questions: QUESTIONS PRESENTED 1. Based upon the Supreme Court's decision in North Carolina State Board of Dental Examiners v. F.T.C., - U.S. -, 135 S.Ct. 1101 (2015), how must the State actively supervise Idaho's boards and commissions to preserve their immunity from antitrust liability under the State Action Doctrine? 2. What steps should the Legislature take to assist Idaho's boards and commissions in order to protect them from antitrust liability and litigation? CONCLUSION 1. Under North Carolina Dental Exam'rs v. F.T.C., - U.S. -, 135 S. Ct. 1101, 191 L.Ed.2d 35 (2015), the actions of certain of Idaho's boards and commissions must be overseen by a State official who is not a participant of the market the board or commission is regulating. The State official must have the authority, substantively, to review board and commission actions and veto or modify them when necessary to accord with State policy 2. It is recommended that the Legislature inquire as to the membership and control of the State's boards and commissions and determine which of those entities are controlled by participants of the market the specific entity regulates. For such market- participant controlled entities, the Legislature should consider providing substantive, independent State oversight of the entities' regulatory actions. P.O. Box 83720, Boise, Idaho 83720-0010 Telephone: (208) 334-2400, FAX: (208) 854-8071 Located at 700 W. Jefferson Street, Suite 210

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most