67-5240. CONTESTED CASES. A proceeding by an agency other than the public utilities commission, the industrial commission, the Idaho personnel commission, and the Idaho transportation department’s driver’s license suspension contested case hearings, which may result in the issuance of an order, is a contested case and is governed by the provisions of this chapter, except […]
67-5241. INFORMAL DISPOSITION. (1) Unless prohibited by other provisions of law: (a) an agency or a presiding officer may decline to initiate a contested case; (b) any part of the evidence in a contested case may be received in written form if doing so will expedite the case without substantially prejudicing the interests of any […]
67-5242. PROCEDURE AT HEARING. (1) In a contested case, all parties shall receive notice that shall include: (a) a statement of the time, place, and nature of the hearing; (b) a statement of the legal authority under which the hearing is to be held; and (c) a short and plain statement of the matters asserted […]
67-5243. ORDERS NOT ISSUED BY AGENCY HEAD. (1) If the presiding officer is not the agency head, the presiding officer shall issue either: (a) A recommended order, which becomes a final order only after review by the agency head in accordance with section 67-5244, Idaho Code; or (b) A preliminary order, which becomes a final […]
67-5244. REVIEW OF RECOMMENDED ORDERS. (1) A recommended order shall include a statement of the schedule for review of that order by the agency head or his designee. The agency head shall allow all parties to file exceptions to the recommended order, to present briefs on the issues, and may allow all parties to participate […]
67-5245. REVIEW OF PRELIMINARY ORDERS. (1) A preliminary order shall include: (a) A statement that the order will become a final order without further notice; and (b) The actions necessary to obtain administrative review of the preliminary order. (2) The agency head, upon his own motion may, or, upon motion by any party shall, review […]
67-5246. FINAL ORDERS — EFFECTIVENESS OF FINAL ORDERS. (1) If the presiding officer is the agency head, the presiding officer shall issue a final order. (2) If the presiding officer issued a recommended order, the agency head shall issue a final order following review of that recommended order. (3) If the presiding officer issued a […]
67-5247. EMERGENCY PROCEEDINGS. (1) An agency may act through an emergency proceeding in a situation involving an immediate danger to the public health, safety, or welfare requiring immediate agency action. The agency shall take only such actions as are necessary to prevent or avoid the immediate danger that justifies the use of emergency contested cases. […]
67-5248. CONTENTS OF ORDERS. (1) An order must be in writing and shall include: (a) A reasoned statement in support of the decision. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts of record supporting the findings. (b) A statement of the […]
67-5249. AGENCY RECORD. (1) An agency shall maintain an official record of each contested case under this chapter for a period of not less than six (6) months after the expiration of the last date for judicial review, unless otherwise provided by law. (2) The record shall include: (a) all notices of proceedings, pleadings, motions, […]
67-5250. INDEXING OF PRECEDENTIAL AGENCY ORDERS — INDEXING OF AGENCY GUIDANCE DOCUMENTS. (1) Unless otherwise prohibited by any provision of law, each agency shall index all written final orders that the agency intends to rely upon as precedent. The index and the orders shall be available for public inspection and copying at cost in the […]
67-5251. EVIDENCE — OFFICIAL NOTICE. (1) The presiding officer may exclude evidence that is irrelevant, unduly repetitious, or excludable on constitutional or statutory grounds, or on the basis of any evidentiary privilege provided by statute or recognized in the courts of this state. All other evidence may be admitted if it is of a type […]
67-5252. PRESIDING OFFICER — DISQUALIFICATION. (1) Except as provided in subsection (4) of this section, any party shall have the right to one (1) disqualification without cause of any person serving or designated to serve as presiding officer, and any party shall have a right to move to disqualify for bias, prejudice, interest, substantial prior […]
67-5253. EX PARTE COMMUNICATIONS. Unless required for the disposition of ex parte matters specifically authorized by statute, a presiding officer serving in a contested case shall not communicate, directly or indirectly, regarding any substantive issue in the proceeding, with any party, except upon notice and opportunity for all parties to participate in the communication. History: […]
67-5254. AGENCY ACTION AGAINST LICENSEES. (1) An agency shall not revoke, suspend, modify, annul, withdraw or amend a license, or refuse to renew a license of a continuing nature when the licensee has made timely and sufficient application for renewal, unless the agency first gives notice and an opportunity for an appropriate contested case in […]
67-5255. DECLARATORY RULINGS BY AGENCIES. (1) Any person may petition an agency for a declaratory ruling as to the applicability of any order issued by the agency. (2) A petition for a declaratory ruling does not preclude an agency from initiating a contested case in the matter. (3) A declaratory ruling issued by an agency […]
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 […]
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 […]
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 […]
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 […]
