67-5303. APPLICATION TO STATE EMPLOYEES. All departments of the state
of Idaho and all employees in such departments, except those employees
specifically defined as nonclassified, shall be classified employees who
are subject to this chapter and to the system of personnel administration
it prescribes. All nonclassified employees are subject to conformity with
classified positions as set forth in section 59-1603, Idaho Code. Nonclas-
sified employees shall be:
(a) Members of the state legislature and all other officers of the state
of Idaho elected by popular vote and persons appointed to fill vacancies in
elective offices and employees of the state legislature.
(b) Members of statutory boards and commissions and heads of depart-
ments appointed by and serving at the pleasure of the governor, deputy di-
rectors appointed by the director of a department, and members of advisory
boards and councils appointed by the departments.
(c) All employees and officers in the office, and at the residence, of
the governor; and all employees and officers in the offices of the lieutenant
governor, secretary of state, attorney general, state treasurer, state con-
troller, and state superintendent of public instruction.
(d) Except as otherwise provided by law, one (1) declared position des-
ignated by the appointing authority of a participating department, in addi-
tion to those declared to be nonclassified by other provisions of law.
(e) Part-time professional consultants who are paid on a fee basis for
any form of legal, medical, or other professional service and who are not en-
gaged in the performance of administrative duties for the state.
(f) Judges, temporary referees, receivers, and jurors.
(g) All employees of the Idaho supreme court, Idaho court of appeals,
and district courts.
(h) All employees of the Idaho state bar.
(i) Assistant attorneys general attached to the office of the attorney
general.
(j) Officers, members of the teaching staffs of state higher educa-
tional institutions, the professional staffs of the office of the state
board of education and the Idaho department of education administered by
the board of regents and the board of education, all professional staff of
the public charter school commission, and the professional staffs of the
Idaho division of career technical education and vocational rehabilitation
administered by the state board for career technical education. "Teaching
staff" includes teachers, coaches, resident directors, librarians, and
those principally engaged in academic research. The word "officer" means
presidents, vice presidents, deans, directors, or employees in positions
designated by the state board who receive an annual salary of not less than
step A of the pay grade equivalent to three hundred fifty-five (355) Hay
points in the state compensation schedule. In consultation with the Idaho
division of human resources, the state board of education shall implement
policies and procedures for nonclassified employees to conform with section
59-1603, Idaho Code.
(k) Employees of the military division.
(l) Patients, inmates, or students employed in a state institution.
(m) Temporary employees.
(n) All employees and officers of the following named commodity commis-
sions, and all employees and officers of any commodity commission created
hereafter: the Idaho potato commission, as provided in chapter 12, title 22,
Idaho Code; the Idaho honey commission, as provided in chapter 28, title 22,
Idaho Code; the Idaho bean commission, as provided in chapter 29, title 22,
Idaho Code; the Idaho hop grower's commission, as provided in chapter 31, ti-
tle 22, Idaho Code; the Idaho wheat commission, as provided in chapter 33,
title 22, Idaho Code; the Idaho pea and lentil commission, as provided in
chapter 35, title 22, Idaho Code; the Idaho apple commission, as provided in
chapter 36, title 22, Idaho Code; the Idaho cherry commission, as provided in
chapter 37, title 22, Idaho Code; the Idaho mint commission, as provided in
chapter 38, title 22, Idaho Code; the Idaho sheep and goat health board, as
provided in chapter 1, title 25, Idaho Code; the state brand inspector, and
all district supervisors, as provided in chapter 11, title 25, Idaho Code;
the Idaho beef council, as provided in chapter 29, title 25, Idaho Code; and
the Idaho dairy products commission, as provided in chapter 31, title 25,
Idaho Code.
(o) All inspectors of the fresh fruit and vegetable inspection service
of the Idaho department of agriculture, except those positions involved in
the management of the program.
(p) All employees of correctional industries within the department of
correction.
(q) All deputy administrators and wardens employed by the department of
correction. Deputy administrators are defined as only the deputy adminis-
trators working directly for the nonclassified division administrators un-
der the director of the department of correction.
(r) All public information positions, with the exception of secretar-
ial positions, in any department.
(s) Any division administrator and all executive employees.
(t) Any regional administrator or division administrator in the de-
partment of environmental quality.
(u) All employees of the division of financial management, all employ-
ees of the office of species, minerals, and energy coordination, and all em-
ployees of the office of drug policy.
(v) All employees of the Idaho food quality assurance institute.
(w) All employees of the office of the state appellate public defender,
pursuant to chapter 59, title 19, Idaho Code, and the office of the state pub-
lic defender, pursuant to chapter 60, title 19, Idaho Code.
(x) All quality assurance specialists or medical investigators of the
Idaho board of medicine.
(y) All pest survey and detection employees and their supervisors hired
specifically to carry out activities under the Idaho plant pest act, chapter
20, title 22, Idaho Code, including but not limited to pest survey, detec-
tion, and eradication, except those positions involved in the management of
the program.
(z) All medical directors employed by the department of health and
welfare who are engaged in the practice of medicine, as defined by section
54-1803, Idaho Code, at a state hospital or other treatment facility managed
and operated by the department of health and welfare.
(aa) All hearing officers and all other employees of the office of ad-
ministrative hearings, as provided for in chapter 52, title 67, Idaho Code.
(bb) All attorneys employed by the division of occupational and profes-
sional licenses.
[67-5303, added 1965, ch. 289, sec. 3, p. 746; am. 1969, ch. 171, sec.
1, p. 510; am. 1971, ch. 121, sec. 1, p. 405; am. 1972, ch. 389, sec. 1,
p. 1121; am. 1973, ch. 175, sec. 1, p. 385; am. 1973, ch. 307, sec. 1, p.
667; am. 1975, ch. 164, sec. 2, p. 434; am. 1976, ch. 367, sec. 1, p. 1205;
am. 1979, ch. 198, sec. 1, p. 573; am. 1981, ch. 133, sec. 2, p. 225; am.
1981, ch. 156, sec. 1, p. 267; am. 1983, ch. 5, sec. 1, p. 19; am. 1986,
ch. 133, sec. 2, p. 346; am. 1986, ch. 204, sec. 1, p. 509; am. 1991, ch.
66, sec. 1, p. 160; am. 1991, ch. 216, sec. 1, p. 519; am. 1993, ch. 77,
sec. 1, p. 204; am. 1994, ch. 180, sec. 219, p. 556; am. 1995, ch. 365,
sec. 4, p. 1278; am. 1997, ch. 302, sec. 2, p. 900; am. 1998, ch. 221, sec.
1, p. 762; am. 1998, ch. 389, sec. 8, p. 1193; am. 1999, ch. 17, sec. 1, p.
24; am. 1999, ch. 329, sec. 27, p. 866; am. 2001, ch. 38, sec. 1, p. 72;
am. 2001, ch. 103, sec. 101, p. 341; am. 2002, ch. 188, sec. 1, p. 541; am.
2002, ch. 192, sec. 1, p. 551; am. 2008, ch. 89, sec. 1, p. 247; am. 2011,
ch. 30, sec. 1, p. 72; am. 2012, ch. 117, sec. 26, p. 332; am. 2015, ch.
124, sec. 9, p. 316; am. 2016, ch. 25, sec. 45, p. 61; am. 2016, ch. 33,
sec. 1, p. 82; am. 2018, ch. 120, sec. 1, p. 256; am. 2022, ch. 60, sec.
8, p. 190; am. 2022, ch. 112, sec. 4, p. 404; am. 2023, ch. 7, sec. 2, p.
16; am. 2023, ch. 182, sec. 6, p. 500; am. 2023, ch. 218, sec. 28, p. 653;
am. 2023, ch. 220, sec. 34, p. 679; am. 2024, ch. 270, sec. 7, p. 941; am.
2025, ch. 85, sec. 1, p. 400; am. 2025, ch. 197, sec. 1, p. 902; am. 2026,
ch. 66, sec. 14, p. 286; am. 2026, ch. 184, sec. 8, p. 831.]