Section 67-5270 – RIGHT OF REVIEW.
67-5270. RIGHT OF REVIEW. (1) Judicial review of agency action shall be governed by the provisions of this chapter unless other provision of law is applicable to the particular matter. (2) A person aggrieved by final agency action other than an order in a contested case is entitled to judicial review under this chapter if […]
Section 67-5286 – CONDUCT OF CONTESTED CASE PROCEEDINGS.
67-5286. CONDUCT OF CONTESTED CASE PROCEEDINGS. (1) Notwithstanding any other provision of this chapter, the office of administrative hearings shall not conduct contested case proceedings until January 1, 2023. Contested case proceedings commenced prior to that date shall proceed under the law as it existed as of June 30, 2022, unless the hearing for such […]
Section 67-5271 – EXHAUSTION OF ADMINISTRATIVE REMEDIES.
67-5271. EXHAUSTION OF ADMINISTRATIVE REMEDIES. (1) A person is not entitled to judicial review of an agency action until that person has exhausted all administrative remedies required in this chapter. (2) A preliminary, procedural, or intermediate agency action or ruling is immediately reviewable if review of the final agency action would not provide an adequate […]
Section 67-5291 – LEGISLATIVE REVIEW OF RULES.
67-5291. LEGISLATIVE REVIEW OF RULES. (1) The standing committees of the legislature may review temporary, pending and final rules which have been published in the bulletin or in the administrative code. If reviewed, the standing committee which reviewed the rules shall report to the membership of the body its findings and recommendations concerning its review […]
Section 67-5272 – VENUE — FORM OF ACTION.
67-5272. VENUE — FORM OF ACTION. (1) Except when required by other provision of law, proceedings for review or declaratory judgment are instituted by filing a petition in the district court of the county in which: (a) the hearing was held; or (b) the final agency action was taken; or (c) the aggrieved party resides […]
Section 67-5292 – EXPIRATION OF ADMINISTRATIVE RULES.
67-5292. EXPIRATION OF ADMINISTRATIVE RULES. (1) Notwithstanding any other provision of this chapter to the contrary, every rule adopted and becoming effective after June 30, 1990, shall automatically expire on July 1 of the following year unless the rule is extended by statute. Extended rules shall then continue to expire annually on July 1 of […]
Section 67-5273 – TIME FOR FILING PETITION FOR REVIEW.
67-5273. TIME FOR FILING PETITION FOR REVIEW. (1) A petition for judicial review of a temporary or final rule may be filed at any time, except as limited by section 67-5231, Idaho Code. (2) A petition for judicial review of a final order or a preliminary order that has become final when it was not […]
Section 67-5274 – STAY.
67-5274. STAY. The filing of the petition for review does not itself stay the effectiveness or enforcement of the agency action. The agency may grant, or the reviewing court may order, a stay upon appropriate terms. History: [67-5274, added 1992, ch. 263, sec. 46, p. 812.]
Section 67-5275 – AGENCY RECORD FOR JUDICIAL REVIEW.
67-5275. AGENCY RECORD FOR JUDICIAL REVIEW. (1) Within forty-two (42) days after the service of the petition, or within further time allowed by the court, the agency shall transmit to the reviewing court the original or a certified copy of the agency record. The agency record shall consist of: (a) the record compiled under section […]
Section 67-5276 – ADDITIONAL EVIDENCE.
67-5276. ADDITIONAL EVIDENCE. (1) If, before the date set for hearing, application is made to the court for leave to present additional evidence and it is shown to the satisfaction of the court that the additional evidence is material, relates to the validity of the agency action, and that: (a) there were good reasons for […]