reglab/housing_qa huggingface dataset:
ID Code § 67-5247 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|Section 67-5247 - EMERGENCY PROCEEDINGS.

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. (2) The agency shall issue an order, including a brief, reasoned statement to justify both the decision that an immediate danger exists and the decision to take the specific action. When appropriate, the order shall include findings of fact and conclusions of law. (3) The agency shall give such notice as is reasonable to persons who are required to comply with the order. The order is effective when issued. (4) After issuing an order pursuant to this section, the agency shall proceed as quickly as feasible to complete any proceedings that would be required if the matter did not involve an immediate danger. (5) Unless otherwise required by a provision of law, the agency record need not constitute the exclusive basis for agency action in emergency contested cases or for judicial review thereof.  History: [67-5247, added 1992, ch. 263, sec. 32, p. 806.]
ID Code § 67-5248 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|Section 67-5248 - CONTENTS OF ORDERS.

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 available procedures and applicable time limits for seeking reconsideration or other administrative relief. (2) Findings of fact must be based exclusively on the evidence in the record of the contested case and on matters officially noticed in that proceeding. (3) All parties to the contested case shall be served with a copy of the order. The order shall be accompanied by proof of service stating the service date, each party who was served and the method(s) of service.  History: [(67-5248) 1965, ch. 273, sec. 12, p. 701; am. and redesignated 1992, ch. 263, sec. 33, p. 307; am. 2010, ch. 255, sec. 4, p. 648.]
ID Code § 67-5249 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|Section 67-5249 - AGENCY RECORD.

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, briefs, petitions, and intermediate rulings; (b) evidence received or considered; (c) a statement of matters officially noticed; (d) offers of proof and objections and rulings thereon; (e) the record prepared by the presiding officer under the provisions of section 67-5242, Idaho Code, together with any transcript of all or part of that record; (f) staff memoranda or data submitted to the presiding officer or the agency head in connection with the consideration of the proceeding; and (g) any recommended order, preliminary order, final order, or order on reconsideration. (3) Except to the extent that this chapter or another statute provides otherwise, the agency record constitutes the exclusive basis for agency action in contested cases under this chapter or for judicial review thereof.  History: [67-5249, added 1992, ch. 263, sec. 34, p. 807.]
ID Code § 67-5250 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|Section 67-5250 - INDEXING OF PRECEDENTIAL AGENCY ORDERS — INDEXING OF AGENCY GUIDANCE DOCUMENTS.

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 main office and each regional or district office of the agency. The orders shall be indexed by name and subject. A written final order may not be relied on as precedent by an agency to the detriment of any person until it has been made available for public inspection and indexed in the manner described in this subsection. (2) Unless otherwise prohibited by any provision of law, each agency shall index by subject all agency guidance documents. The index and the guidance documents shall be available for public inspection and copying at cost in the main office and each regional or district office of the agency. As used in this section, "agency guidance" means all written documents, other than rules, orders, and pre-decisional material, that are intended to guide agency actions affecting the rights or interests of persons outside the agency. "Agency guidance" shall include memoranda, manuals, policy statements, interpretations of law or rules, and other material that are of general applicability, whether prepared by the agency alone or jointly with other persons. The indexing of a guidance document does not give that document the force and effect of law or other precedential authority.  History: [(67-5250) 1965, ch. 273, sec. 2, p. 701; am. 1980, ch. 204, sec. 1, p. 468; am. and redesignated 1992, ch. 263, sec. 35, p. 808; am. 1993, ch. 216, sec. 108, p. 676; am. 1995, ch. 270, sec. 3, p. 870.]
ID Code § 67-5251 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|Section 67-5251 - EVIDENCE — OFFICIAL NOTICE.

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 commonly relied upon by prudent persons in the conduct of their affairs. (2) Any part of the evidence may be received in written form if doing so will expedite the hearing without substantially prejudicing the interests of any party. (3) Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original if available. (4) Official notice may be taken of: (a) any facts that could be judicially noticed in the courts of this state; and (b) generally recognized technical or scientific facts within the agency’s specialized knowledge. Parties shall be notified of the specific facts or material noticed and the source thereof, including any staff memoranda and data. Notice should be provided either before or during the hearing, and must be provided before the issuance of any order that is based in whole or in part on facts or material noticed. Parties must be afforded a timely and meaningful opportunity to contest and rebut the facts or material so noticed. When the presiding officer proposes to notice staff memoranda or reports, a responsible staff member shall be made available for cross-examination if any party so requests. (5) The agency’s experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.  History: [(67-5251) 1965, ch. 273, sec. 10, p. 701; am. and redesignated 1992, ch. 263, sec. 36, p. 808.]
ID Code § 67-5252 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|Section 67-5252 - PRESIDING OFFICER — DISQUALIFICATION.

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 involvement in the matter other than as a presiding officer, status as an employee of the agency hearing the contested case, lack of professional knowledge in the subject matter of the contested case, or any other cause provided in this chapter or any cause for which a judge is or may be disqualified. (2) Any party may petition for the disqualification of a person serving or designated to serve as presiding officer: (a) within fourteen (14) days after receipt of notice indicating that the person will preside at the contested case; or (b) promptly upon discovering facts establishing grounds for disqualification, whichever is later. Any party may assert a blanket disqualification for cause of all employees of the agency hearing the contested case, other than the agency head, without awaiting designation of a presiding officer. (3) A person whose disqualification for cause is requested shall determine in writing whether to grant the petition, stating facts and reasons for the determination. (4) Where disqualification of the agency head or a member of the agency head would result in an inability to decide a contested case, the actions of the agency head shall be treated as a conflict of interest under the provisions of section 74-404, Idaho Code. (5) Where a decision is required to be rendered within fourteen (14) weeks of the date of a request for a hearing by state or federal statutes or rules and regulations, no party shall have the right to a disqualification without cause.  History: [67-5252, added 1992, ch. 263, sec. 37, p. 809; am. 1993, ch. 216, sec. 109, p. 677; am. 2015, ch. 141, sec. 177, p. 519.]
ID Code § 67-5253 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|Section 67-5253 - EX PARTE COMMUNICATIONS.

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: [(67-5253) 1965, ch. 273, sec. 13, p. 701; am. and redesignated 1992, ch. 263, sec. 38, p. 810.]
ID Code § 67-5254 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|Section 67-5254 - AGENCY ACTION AGAINST LICENSEES.

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 accordance with the provisions of this chapter or other statute. (2) When a licensee has made timely and sufficient application for the renewal of a license with reference to any activity of a continuing nature, the existing license does not expire until the application has been finally determined by the agency, and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order or a later date fixed by a reviewing court. (3) This section does not preclude an agency from: (a) taking immediate action to protect the public interest in accordance with section 67-5247, Idaho Code; or (b) adopting rules, otherwise within the scope of its authority, pertaining to a class of licensees, including rules affecting the existing licenses of a class of licensees.  History: [(67-5254) 1965, ch. 273, sec. 14, p. 701; am. and redesignated 1992, ch. 263, sec. 39, p. 810.]
ID Code § 67-5255 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|Section 67-5255 - DECLARATORY RULINGS BY AGENCIES.

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 under this section is a final agency action.  History: [67-5255, added 1992, ch. 263, sec. 40, p. 811.]
ID Code § 67-5270 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|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 the person complies with the requirements of sections 67-5271 through 67-5279, Idaho Code. (3) A party aggrieved by a final order in a contested case decided by an agency other than the industrial commission or the public utilities commission is entitled to judicial review under this chapter if the person complies with the requirements of sections 67-5271 through 67-5279, Idaho Code.  History: [67-5270, added 1992, ch. 263, sec. 42, p. 811.]
ID Code § 67-5271 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|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 remedy.  History: [67-5271, added 1992, ch. 263, sec. 43, p. 812.]
ID Code § 67-5272 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|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 or operates its principal place of business in Idaho; or (d) the real property or personal property that was the subject of the agency decision is located. (2) When two (2) or more petitions for judicial review of the same agency action are filed in different counties or are assigned to different district judges in the same county, upon motion filed by any party to any of the proceedings for judicial review of the same agency action, the separate consideration of the petitions in different counties or by different district judges shall be stayed. The administrative judge in the judicial district in which the first petition was filed, after appropriate consultation with the affected district judges and the affected administrative judges, shall then order consolidation of the judicial review of the petitions before one (1) district judge in one (1) county in which a petition for judicial review was properly filed, at which time the stay shall be lifted.  History: [67-5272, added 1992, ch. 263, sec. 44, p. 812; am. 1995, ch. 270, sec. 4, p. 870.]
ID Code § 67-5273 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|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 reviewed by the agency head or preliminary, procedural or intermediate agency action under section 67-5271(2), Idaho Code, must be filed within twenty-eight (28) days of the service date of the final order, the date when the preliminary order became final, or the service date of a preliminary, procedural or intermediate agency order, or, if reconsideration is sought, within twenty-eight (28) days after the service date of the decision thereon. A cross-petition for judicial review may be filed within fourteen (14) days after a party is served with a copy of the notice of the petition for judicial review. (3) A petition for judicial review of a final agency action other than a rule or order must be filed within twenty-eight (28) days of the agency action, except as provided by other provision of law. The time for filing a petition for review shall be extended during the pendency of the petitioner’s timely attempts to exhaust administrative remedies, if the attempts are clearly not frivolous or repetitious. A cross-petition for judicial review may be filed within fourteen (14) days after a party is served with a copy of the notice of the petition for judicial review.  History: [67-5273, added 1992, ch. 263, sec. 45, p. 812; am. 1993, ch. 216, sec. 110, p. 677; am. 1995, ch. 270, sec. 5, p. 871; am. 1996, ch. 161, sec. 11, p. 538; am. 2010, ch. 255, sec. 5, p. 648.]
ID Code § 67-5274 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|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.]
ID Code § 67-5275 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|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 67-5225, Idaho Code, when the agency action was a rule; (b) the record compiled under section 67-5249, Idaho Code, when the agency action was an order; or (c) any agency documents expressing the agency action when the agency action was neither an order nor a rule. (2) By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. (3) The court may require corrections to the record.  History: [67-5275, added 1992, ch. 263, sec. 47, p. 813.]
ID Code § 67-5276 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|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 failure to present it in the proceeding before the agency, the court may remand the matter to the agency with directions that the agency receive additional evidence and conduct additional factfinding. (b) there were alleged irregularities in procedure before the agency, the court may take proof on the matter. (2) The agency may modify its action by reason of the additional evidence and shall file any modifications, new findings, or decisions with the reviewing court.  History: [67-5276, added 1992, ch. 263, sec. 48, p. 813.]
ID Code § 67-5277 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|Section 67-5277 - JUDICIAL REVIEW OF ISSUES OF FACT.

67-5277. JUDICIAL REVIEW OF ISSUES OF FACT. Judicial review shall be conducted by the court without a jury. Unless otherwise provided by statute, judicial review of disputed issues of fact must be confined to the agency record for judicial review as defined in this chapter, supplemented by additional evidence taken pursuant to section 67-5276, Idaho Code.  History: [67-5277, added 1992, ch. 263, sec. 49, p. 813.]
ID Code § 67-5278 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|Section 67-5278 - DECLARATORY JUDGMENT ON VALIDITY OR APPLICABILITY OF RULES.

67-5278. DECLARATORY JUDGMENT ON VALIDITY OR APPLICABILITY OF RULES. (1) The validity or applicability of a rule may be determined in an action for declaratory judgment in the district court, if it is alleged that the rule, or its threatened application interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the petitioner. (2) The agency shall be made a party to the action. (3) A declaratory judgment may be rendered whether or not the petitioner has requested the agency to pass upon the validity or applicability of the rule in question.  History: [67-5278, added 1965, ch. 273, sec. 7, p. 701; am. and redesignated 1992, ch. 263, sec. 50, p. 814.]
ID Code § 67-5279 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|Section 67-5279 - SCOPE OF REVIEW — TYPE OF RELIEF.

67-5279. SCOPE OF REVIEW — TYPE OF RELIEF. (1) The court shall not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact. (2) When the agency was not required by the provisions of this chapter or by other provisions of law to base its action exclusively on a record, the court shall affirm the agency action unless the court finds that the action was: (a) in violation of constitutional or statutory provisions; (b) in excess of the statutory authority of the agency; (c) made upon unlawful procedure; or (d) arbitrary, capricious, or an abuse of discretion. If the agency action is not affirmed, it shall be set aside, in whole or in part, and remanded for further proceedings as necessary. (3) When the agency was required by the provisions of this chapter or by other provisions of law to issue an order, the court shall affirm the agency action unless the court finds that the agency’s findings, inferences, conclusions, or decisions are: (a) in violation of constitutional or statutory provisions; (b) in excess of the statutory authority of the agency; (c) made upon unlawful procedure; (d) not supported by substantial evidence on the record as a whole; or (e) arbitrary, capricious, or an abuse of discretion. If the agency action is not affirmed, it shall be set aside, in whole or in part, and remanded for further proceedings as necessary. (4) Notwithstanding the provisions of subsections (2) and (3) of this section, agency action shall be affirmed unless substantial rights of the appellant have been prejudiced.  History: [67-5279, added 1992, ch. 263, sec. 51, p. 814.]