reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT › Section 67-5204 - PUBLICATION OF ADMINISTRATIVE CODE.

67-5204. PUBLICATION OF ADMINISTRATIVE CODE. (1) The administrative rules coordinator shall every year publish electronically a publication to be known as the "Idaho Administrative Code."
(2) The administrative code shall be a codification of:
(a) All executive orders of the governor that have been published in the bulletin and have not been rescinded;
(b) The text of all final rules;
(c) Any legislative documents affecting a final agency rule; and
(d) All documents required by law to be published in the administrative code.
(3) The text of all documents published electronically in the administrative code shall be the official text of that document. Judicial notice shall be taken of all documents published electronically in the administrative code.
History:
[67-5204, added 1992, ch. 263, sec. 4, p. 789; am. 1993, ch. 216, sec. 103, p. 673; am. 1996, ch. 161, sec. 3, p. 532; am. 2010, ch. 20, sec. 2, p. 35.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT › Section 67-5206 - PROMULGATION OF RULES IMPLEMENTING ADMINISTRATIVE PROCEDURE ACT.

67-5206. PROMULGATION OF RULES IMPLEMENTING ADMINISTRATIVE PROCEDURE ACT. (1) In accordance with the rulemaking requirements of this chapter, the attorney general shall promulgate rules implementing the provisions of sections 67-5240 through 67-5255, Idaho Code. The rules shall specify:
(a) Form and content to be employed in giving notice of a contested case;
(b) Procedures and standards required for intervention in a contested case;
(c) Procedures for prehearing conferences;
(d) Format for pleadings, briefs, and motions;
(e) The method by which service shall be made;
(f) Procedures for the issuance of subpoenas, discovery orders, and protective orders if authorized by other provisions of law;
(g) Qualifications for persons seeking to act as a representative for parties to contested cases;
(h) Procedures to facilitate informal settlement of matters; and
(i) Procedures for placing ex parte contacts on the record.
(2)(a) After July 1, 1993, the rules promulgated by the attorney general under this section shall apply to all agencies that do not affirmatively promulgate alternative procedures after the promulgation of the rules by the attorney general. The rules promulgated by the attorney general shall supersede the procedural rules of any agency in effect on June 30, 1993, unless that agency promulgates its own procedures as provided in paragraph (b) of this subsection.
(b) After July 1, 1993, an agency that promulgates its own procedures shall include in the rule adopting its own procedures a finding that states the reasons why the relevant portion of the attorney general’s rules were inapplicable to the agency under the circumstances.
(3) With respect to contested cases and other proceedings conducted by the office of administrative hearings as authorized by this chapter, rules promulgated by the attorney general or any agency pursuant to subsection (1) of this section shall remain in full force and effect, except with respect to hearing officer qualifications, until such time as the office of administrative hearings promulgates replacement rules, and thereafter such rules of the office of administrative hearings shall govern unless otherwise required by governing federal law.
History:
[67-5206, added 1992, ch. 263, sec. 7, p. 791; am. 1993, ch. 216, sec. 104, p. 673; am. 2022, ch. 287, sec. 2, p. 912; am. 2023, ch. 314, sec. 2, p. 958.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT › Section 67-5207A - POLICY STATEMENTS — GUIDANCE DOCUMENTS.

67-5207A. POLICY STATEMENTS — GUIDANCE DOCUMENTS. Agency policy statements and guidance documents shall not have the force and effect of law.
History:
[67-5207A, added 2023, ch. 252, sec. 1, p. 769.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT › Section 67-5222 - PUBLIC PARTICIPATION.

67-5222. PUBLIC PARTICIPATION. (1) Prior to the adoption of a rule, the agency shall afford all interested persons reasonable opportunity to submit data, views and arguments, orally or in writing. The agency shall receive comments for not less than twenty-one (21) days after the date of publication of the notice of proposed rulemaking in the bulletin.
(2) When promulgating substantive rules, the agency shall provide an opportunity for oral presentation if requested by twenty-five (25) persons, a political subdivision, or an agency. The request must be made in writing and be within fourteen (14) days of the date of publication of the notice of proposed rulemaking in the bulletin, or within fourteen (14) days prior to the end of the comment period, whichever is later. An opportunity for oral presentation need not be provided when the agency has no discretion as to the substantive content of a proposed rule because the proposed rule is intended solely to comply:
(a) With a controlling judicial decision or court order; or
(b) With the provisions of a statute or federal rule that has been amended since the adoption of the agency rule.
(3) Every agency must allow oral presentation through video conference or telephone. Beginning July 1, 2026, all agencies must post a video or audio recording of any oral presentation and public hearing on a rule within fifteen (15) days after the meeting and retain such recording and post the recording on the agency’s website, if any, for not less than three (3) years.
History:
[67-5222, added 1992, ch. 263, sec. 12, p. 797; am. 2023, ch. 314, sec. 3, p. 959.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT › Section 67-5223 - INTERIM LEGISLATIVE REVIEW — STATEMENT OF ECONOMIC IMPACT.

67-5223. INTERIM LEGISLATIVE REVIEW — STATEMENT OF ECONOMIC IMPACT. (1) After notice of proposed rulemaking is filed with the coordinator, the coordinator, after making technical corrections as authorized in section 67-5202, Idaho Code, shall provide the notice, accompanied by the full text of the rule under consideration in legislative format, as well as a statement of the substance of the intended action, to the director of legislative services. If the proposed rulemaking is based upon a requirement of federal law or regulation, a copy of that specific federal law or regulation shall accompany the submission to the director of legislative services. The director of legislative services shall analyze and refer the material under consideration to the germane joint subcommittee created in section 67-454, Idaho Code.
(2) An agency shall prepare and deliver to the germane joint subcommittee a statement of economic impact with respect to a proposed rule if the germane joint subcommittee files a written request with the agency for such a statement. The statement shall contain an evaluation of the costs and benefits of the rule, including any health, safety, or welfare costs and benefits.
(3) An agency shall prepare for inclusion with the filing of the proposed rule change a statement of economic impact on all proposed rules in which a fee or charge is imposed or increased. The cost/benefit analysis shall include reasonably estimated costs to the agency to implement the rule and the reasonably estimated costs borne by citizens, or the private sector or both. The adequacy of the contents of the statement of economic impact in subsections (1) and (2) of this section is not subject to judicial review and the accuracy of a fiscal impact statement provided pursuant to this subsection shall not affect the validity or the enforceability of the rule.
(4) An agency proposing to adopt amendments to materials previously incorporated by reference in a rule shall prepare for inclusion with the filing of the proposed rule change a brief written synopsis that details the substantive differences between the previously incorporated material and the latest revised edition or version of the incorporated material being proposed for incorporation by reference. This synopsis shall accompany the submission to the director of legislative services and shall be provided to the germane joint subcommittee created in section 67-454, Idaho Code.
History:
[67-5223, added 1992, ch. 263, sec. 13, p. 797; am. 1994, ch. 271, sec. 3, p. 835; am. 1996, ch. 159, sec. 24, p. 527; am. 1999, ch. 21, sec. 2, p. 30; am. 2008, ch. 183, sec. 2, p. 555; am. 2010, ch. 280, sec. 1, p. 756; am. 2016, ch. 367, sec. 1, p. 1077.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT › Section 67-5225 - RULEMAKING RECORD.

67-5225. RULEMAKING RECORD. (1) Prior to the adoption, amendment, or repeal of a rule, the agency shall prepare a rulemaking record. The record shall be maintained in the main offices of the agency.
(2) The rulemaking record shall be available for public inspection and copying. The rulemaking record must contain:
(a) copies of all publications in the bulletin;
(b) all written petitions, submissions, and comments received by the agency and the agency’s response to those petitions, submissions, and comments;
(c) all written materials considered by the agency in connection with the formulation, proposal, or adoption of the rule;
(d) a record of any oral presentations, any transcriptions of oral presentations, and any memorandum prepared by a presiding officer summarizing the contents of the presentations; and
(e) any other materials or documents prepared in conjunction with the rulemaking.
(3) Except as otherwise required by a provision of law, the rulemaking record need not constitute the exclusive basis for agency action on that rule or for judicial review thereof.
(4) The record required in this section shall be maintained by the agency for a period of not less than two (2) years after the effective date of the rule.
History:
[67-5225, added 1992, ch. 263, sec. 15, p. 799; am. 1995, ch. 270, sec. 1, p. 869.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT › Section 67-5226 - TEMPORARY RULES.

67-5226. TEMPORARY RULES. (1) If the governor finds that:
(a) Protection of the public health, safety, or welfare; or
(b) Compliance with deadlines in amendments to governing law or federal programs; or
(c) Conferring a benefit;
requires a rule to become effective before it has been submitted for review, the agency may proceed with such notice as is practicable and adopt a temporary rule, except as otherwise provided in section 67-5229(1)(d), Idaho Code. The agency may make the temporary rule immediately effective. The agency shall incorporate the required finding and a concise statement of its supporting reasons in each rule adopted in reliance upon the provisions of this subsection.
(2) A pending fee rule adopted pursuant to subsection (1) of this section may become effective under this section before it has been approved by concurrent resolution only if the governor finds that the fee or charge is necessary to avoid immediate danger.
(3) Temporary rules shall be published in the first available issue of the bulletin.
(4) Temporary rules are not subject to the requirements of section 67-5223, Idaho Code, provided that the coordinator sends a copy of the temporary rules to the director of the legislative services office.
(5) Concurrently with the promulgation of a rule under this section, or as soon as reasonably possible thereafter, an agency shall commence the promulgation of a proposed rule in accordance with the rulemaking requirements of this chapter, unless the temporary rule adopted by the agency will expire by its own terms or by operation of law before the proposed rule could become final.
History:
[67-5226, added 1992, ch. 263, sec. 16, p. 799; am. 1995, ch. 196, sec. 2, p. 687; am. 1996, ch. 161, sec. 7, p. 536; am. 2000, ch. 203, sec. 2, p. 511; am. 2003, ch. 22, sec. 1, p. 92; am. 2010, ch. 20, sec. 4, p. 36; am. 2014, ch. 191, sec. 2, p. 516; am. 2023, ch. 314, sec. 5, p. 961.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT › Section 67-5227 - VARIANCE BETWEEN PENDING RULE AND PROPOSED RULE.

67-5227. VARIANCE BETWEEN PENDING RULE AND PROPOSED RULE. An agency may adopt a pending rule that varies in content from that which was originally proposed if the subject matter of the rule remains the same, the pending rule is a logical outgrowth of the proposed rule, and the original notice was written so as to assure that members of the public were reasonably notified of the subject of agency action and were reasonably able from that notification to determine whether their interests could be affected by agency action on that subject.
History:
[67-5227, added 1992, ch. 263, sec. 17, p. 800; am. 1993, ch. 216, sec. 106, p. 675; am. 1996, ch. 161, sec. 8, p. 537.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT › Section 67-5228 - EXEMPTION FROM REGULAR RULEMAKING PROCEDURES.

67-5228. EXEMPTION FROM REGULAR RULEMAKING PROCEDURES. An agency may amend a pending rule to correct typographical errors, transcription errors, or clerical errors without compliance with regular rulemaking procedures when the amendments are approved by the coordinator. Such amendments become incorporated in the pending rule upon publication in the bulletin.
History:
[67-5228, added 1992, ch. 263, sec. 18, p. 800; am. 1996, ch. 161, sec. 9, p. 537.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT › Section 67-5229 - INCORPORATION BY REFERENCE.

67-5229. INCORPORATION BY REFERENCE. (1) If the incorporation of its text in the agency rules would be unduly cumbersome, expensive, or otherwise inexpedient, an agency may incorporate by reference in its rules and without republication of the incorporated material in full, all or any part of:
(a) A code, standard or rule adopted by an agency of the United States;
(b) A code, standard or rule adopted by any nationally recognized organization or association;
(c) A code or standard adopted by Idaho statute or authorized by Idaho statute for adoption by rule; or
(d) A final rule of a state agency; provided however, that a state agency shall not adopt a temporary rule incorporating by reference a rule of that agency that is being or has been repealed unless the rule providing for the incorporation has been reviewed and approved by the legislature.
(2) The agency shall, as part of the rulemaking:
(a) Include in the notice of proposed rulemaking a brief written synopsis of why the incorporation is needed; and
(b) Note where an electronic copy can be obtained or provide an electronic link to the incorporated materials that at a minimum will be posted on the agency’s website or included in the rule that is published in the administrative code on the website of the office of the administrative rules coordinator; and
(c) If otherwise unavailable, note where copyrighted or other proprietary materials can be viewed or purchased.
(3) The incorporated material shall be identified with specificity and shall include the date when the code, standard or rule was published, approved or became effective. If the agency subsequently wishes to adopt amendments to previously incorporated material, it shall comply with the rulemaking procedures of this chapter.
(4) Unless prohibited by other provisions of law, the incorporated material is subject to legislative review in accordance with the provisions of section 67-5291, Idaho Code, and shall have the same force and effect as a rule.
History:
[(67-5229) 1980, ch. 212, sec. 2, p. 484; am. and redesignated 1992, ch. 263, sec. 19, p. 800; am. 2000, ch. 203, sec. 1, p. 510.; am. 2010, ch. 280, sec. 2, p. 757.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT › Section 67-5230 - PETITION FOR ADOPTION, AMENDMENT, REPEAL, OR WAIVER OF RULES.

67-5230. PETITION FOR ADOPTION, AMENDMENT, REPEAL, OR WAIVER OF RULES. (1) Any person may petition an agency requesting the adoption, amendment, or repeal of a rule. The agency shall:
(a) Deny the petition in writing, stating its reasons for the denial; or
(b) Initiate rulemaking proceedings in accordance with this chapter.
(2) Any person may petition an agency for a waiver of or variance from a specified rule or rules if the granting of the waiver would not conflict with or violate Idaho law and is consistent with at least one (1) of the following considerations:
(a) In the petitioner’s specific circumstances, the application of a certain rule or rules is unreasonable and would impose undue hardship or burden on the petitioner;
(b) The petitioner proposes an alternative that, in the opinion of the agency, will afford substantially equal protection of health, safety, and welfare intended by the particular rule for which the waiver or variance is requested; or
(c) The waiver or variance requested would test an innovative practice or model that will, in the opinion of the agency, generate meaningful evidence for the agency in consideration of a rule change.
(3) In response to a petition filed pursuant to subsection (2) of this section, the agency shall:
(a) Deny the petition in writing, stating the reasons for the denial; or
(b) Approve the petition and grant a waiver of or variance from the rule, in whole or in part, and specify whether any conditions are placed on the waiver or variance or whether a specific time period for the waiver or variance is established.
(4) An agency shall approve or deny a petition filed pursuant to this section or initiate rulemaking proceedings in accordance with this chapter within twenty-eight (28) days after submission of the petition, unless the agency’s rules are adopted by a multimember agency board or commission whose members are not full-time officers or employees of the state, in which case the agency shall take action on the petition no later than the first regularly scheduled meeting of the board or commission that takes place seven (7) or more days after submission of the petition. If an agency requests additional information from the petitioner, the time period specified in this subsection shall begin anew.
(5) Following the granting of a waiver or variance, the agency shall consider a rule change that will allow all similarly situated persons to derive the same benefits granted to the petitioner.
(6) An agency decision denying a petition is a final agency action.
History:
[(67-5230) 1965, ch. 273, sec. 6, p. 701; am. and redesig. 1992, ch. 263, sec. 21, p. 801; am. 1995, ch. 270, sec. 2, p. 869; am. 2020, ch. 277, sec. 1, p. 811.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT › Section 67-5231 - INVALIDITY OF RULES NOT ADOPTED IN COMPLIANCE WITH THIS CHAPTER — TIME LIMITATION.

67-5231. INVALIDITY OF RULES NOT ADOPTED IN COMPLIANCE WITH THIS CHAPTER — TIME LIMITATION. (1) Rules may be promulgated by an agency only when specifically authorized by statute. A temporary or final rule adopted and becoming effective after July 1, 1993, is voidable unless adopted in substantial compliance with the requirements of this chapter.
(2) A proceeding, either administrative or judicial, to contest any rule on the ground of noncompliance with the procedural requirements of this chapter must be commenced within two (2) years from the effective date of the rule.
History:
[67-5231, added 1992, ch. 263, sec. 22, p. 801; am. 1996, ch. 161, sec. 10, p. 538.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT › Section 67-5232 - DECLARATORY RULINGS BY AGENCIES.

67-5232. DECLARATORY RULINGS BY AGENCIES. (1) Any person may petition an agency for a declaratory ruling as to the applicability of any statutory provision or of any rule administered 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:
[(67-5232) 1965, ch. 273, sec. 8, p. 701; am. and redesignated 1992, ch. 263, sec. 23, p. 801.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT › Section 67-5240 - CONTESTED CASES.

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 as provided by other provisions of law.
History:
[67-5240, added 1992, ch. 263, sec. 24, p. 802; am. 2022, ch. 287, sec. 3, p. 913.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT › Section 67-5241 - INFORMAL DISPOSITION.

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 party;
(c) informal disposition may be made of any contested case by negotiation, stipulation, agreed settlement, or consent order. Informal settlement of matters is to be encouraged;
(d) the parties may stipulate as to the facts, reserving the right to appeal to a court of competent jurisdiction on issues of law.
(2) An agency or a presiding officer may request such additional information as required to decide whether to initiate or to decide a contested case as provided in subsection (1) of this section.
(3) If an agency or a presiding officer declines to initiate or decide a contested case under the provisions of this section, the agency or the officer shall furnish a brief statement of the reasons for the decision to all persons involved. This subsection does not apply to investigations or inquiries directed to or performed by law enforcement agencies defined in section 74-101(7), Idaho Code.
(4) The agency may not abdicate its responsibility for any informal disposition of a contested case. Disposition of a contested case as provided in this section is a final agency action.
History:
[67-5241, added 1992, ch. 263, sec. 25, p. 802; am. 1993, ch. 216, sec. 107, p. 676; am. 2000, ch. 342, sec. 13, p. 1160; am. 2006, ch. 352, sec. 4, p. 1078; am. 2015, ch. 141, sec. 176, p. 519.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT › Section 67-5242 - PROCEDURE AT HEARING.

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 or the issues involved.
(2) The agency head, one (1) or more members of the agency head, or one (1) or more hearing officers may, in the discretion of the agency head, be the presiding officer at the hearing.
(3) At the hearing, the presiding officer:
(a) Shall regulate the course of the proceedings to assure that there is a full disclosure of all relevant facts and issues, including such cross-examination as may be necessary.
(b) Shall afford all parties the opportunity to respond and present evidence and argument on all issues involved, except as restricted by a limited grant of intervention or by a prehearing order.
(c) May give nonparties an opportunity to present oral or written statements. If the presiding officer proposes to consider a statement by a nonparty, the presiding officer shall give all parties an opportunity to challenge or rebut it and, on motion of any party, the presiding officer shall require the statement to be given under oath or affirmation.
(d) Shall cause the hearing to be recorded at the agency’s expense. Any party, at that party’s expense, may have a transcript prepared or may cause additional recordings to be made during the hearing if the making of the additional recording does not cause distraction or disruption.
(e) May conduct all or part of the hearing by telephone, television, or other electronic means, if each participant in the hearing has an opportunity to participate in the entire proceeding while it is taking place.
(4) If a party fails to attend any stage of a contested case, the presiding officer may serve upon all parties notice of a proposed default order. The notice shall include a statement of the grounds for the proposed order. Within seven (7) days after service of the proposed order, the party against whom it was issued may file a written petition requesting the proposed order to be vacated. The petition shall state the grounds relied upon. The presiding officer shall either issue or vacate the default order promptly after the expiration of the time within which the party may file a petition. If the presiding officer issues a default order, the officer shall conduct any further proceedings necessary to complete the adjudication without the participation of the party in default and shall determine all issues in the adjudication, including those affecting the defaulting party.
History:
[(67-5242) 1965, ch. 273, sec. 9, p. 701; am. and redesignated 1992, ch. 263, sec. 26, p. 802.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT › Section 67-5243 - ORDERS NOT ISSUED BY AGENCY HEAD.

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 order unless reviewed in accordance with section 67-5245, Idaho Code.
(2) The order shall state whether it is a preliminary order or a recommended order.
(3) Unless otherwise provided by statute or rule, any party may file a motion for reconsideration of a recommended order or a preliminary order within fourteen (14) days of the service date of that order. The presiding officer shall render a written order disposing of the petition. The petition is deemed denied if the presiding officer does not dispose of it within twenty-one (21) days after the filing of the petition.
History:
[67-5243, added 1992, ch. 263, sec. 27, p. 804; am. 2010, ch. 255, sec. 1, p. 646.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT › Section 67-5244 - REVIEW OF RECOMMENDED ORDERS.

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 in oral argument.
(2) Unless otherwise required, the agency head shall either:
(a) issue a final order in writing within fifty-six (56) days of the receipt of the final briefs or oral argument, whichever is later, unless the period is waived or extended with the written consent of all parties or for good cause shown;
(b) remand the matter for additional hearings; or
(c) hold additional hearings.
(3) The agency head on review of the recommended decision shall exercise all the decision-making power that he would have had if the agency head had presided over the hearing.
History:
[67-5244, added 1992, ch. 263, sec. 28, p. 804.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT › Section 67-5245 - REVIEW OF PRELIMINARY ORDERS.

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 a preliminary order, except to the extent that:
(a) Another statute precludes or limits agency review of the preliminary order; or
(b) The agency head has delegated his authority to review preliminary orders to one (1) or more persons.
(3) A petition for review of a preliminary order must be filed with the agency head, or with any person designated for this purpose by rule of the agency, within fourteen (14) days after the service date of the preliminary order unless a different time is required by other provision of law. If the agency head on his own motion decides to review a preliminary order, the agency head shall give written notice within fourteen (14) days after the issuance of the preliminary order unless a different time is required by other provisions of law. The fourteen (14) day period for filing of notice is tolled by the filing of a petition for reconsideration under section 67-5243(3), Idaho Code.
(4) The basis for review must be stated on the petition. If the agency head on his own motion gives notice of his intent to review a preliminary order, the agency head shall identify the issues he intends to review.
(5) The agency head shall allow all parties to file exceptions to the preliminary order, to present briefs on the issues, and may allow all parties to participate in oral argument.
(6) The agency head shall:
(a) Issue a final order in writing, within fifty-six (56) days of the receipt of the final briefs or oral argument, whichever is later, unless the period is waived or extended with the written consent of all parties, or for good cause shown;
(b) Remand the matter for additional hearings; or
(c) Hold additional hearings.
(7) The head of the agency or his designee for the review of preliminary orders shall exercise all of the decision-making power that he would have had if the agency head had presided over the hearing.
History:
[67-5245, added 1992, ch. 263, sec. 30, p. 805; am. 2010, ch. 255, sec. 2, p. 647.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT › Section 67-5246 - FINAL ORDERS — EFFECTIVENESS OF FINAL ORDERS.

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 preliminary order, that order becomes a final order unless it is reviewed as required in section 67-5245, Idaho Code. If the preliminary order is reviewed, the agency head shall issue a final order.
(4) Unless otherwise provided by statute or rule, any party may file a motion for reconsideration of any final order issued by the agency head within fourteen (14) days of the service date of that order. The agency head shall issue a written order disposing of the petition. The petition is deemed denied if the agency head does not dispose of it within twenty-one (21) days after the filing of the petition.
(5) Unless a different date is stated in a final order, the order is effective fourteen (14) days after its service date if a party has not filed a petition for reconsideration. If a party has filed a petition for reconsideration with the agency head, the final order becomes effective when:
(a) The petition for reconsideration is disposed of; or
(b) The petition is deemed denied because the agency head did not dispose of the petition within twenty-one (21) days.
(6) A party may not be required to comply with a final order unless the party has been served with or has actual knowledge of the order. If the order is mailed to the last known address of a party, the service is deemed to be sufficient.
(7) A nonparty shall not be required to comply with a final order unless the agency has made the order available for public inspection or the nonparty has actual knowledge of the order.
(8) The provisions of this section do not preclude an agency from taking immediate action to protect the public interest in accordance with the provisions of section 67-5247, Idaho Code.
History:
[67-5246, added 1992, ch. 263, sec. 31, p. 806; am. 2010, ch. 255, sec. 3, p. 647.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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) When 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) When 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, or when the presiding officer is the chief administrative hearing officer or appointed by the chief administrative hearing officer as defined in section 67-5201, Idaho Code, 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; am. 2022, ch. 287, sec. 4, p. 914.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]