reglab/statecodes huggingface dataset:
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT › Section 67-5280 - CREATION OF OFFICE OF ADMINISTRATIVE HEARINGS — POWERS AND DUTIES.

67-5280. CREATION OF OFFICE OF ADMINISTRATIVE HEARINGS — POWERS AND DUTIES. (1) There is hereby created in the department of self-governing agencies the office of administrative hearings.
(2) For agencies not excluded in this section, the office of administrative hearings shall:
(a) Unless otherwise specified by law, conduct all contested case proceedings that arise from an appeal of an agency order;
(b) Conduct such adjudicatory hearings, mediations, and arbitrations not required by this chapter that are requested by agencies and agreed to by the office of administrative hearings at such monetary rates as established by the office of administrative hearings; and
(c) Promulgate rules consistent with state and federal law to implement provisions relating to its duties and actions authorized by this chapter.
(3) The office of administrative hearings shall not hear and shall not have authority over or oversight of any action by the department of water resources or the water resource board.
(4) The office of administrative hearings shall be subject to audit in the same manner as other agencies of the state.
History:
[67-5280, added 2022, ch. 287, sec. 5, p. 914.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT › Section 67-5281 - CHIEF ADMINISTRATIVE HEARING OFFICER — APPOINTMENT — QUALIFICATIONS — REMOVAL — SALARY.

67-5281. CHIEF ADMINISTRATIVE HEARING OFFICER — APPOINTMENT — QUALIFICATIONS — REMOVAL — SALARY. (1) A chief administrative hearing officer shall be appointed by the governor and confirmed by the senate to serve a four (4) year term. A person may be reappointed to serve additional terms. Provided, however, there is no right to reappointment.
(2) The chief administrative hearing officer must meet the following qualifications on the effective date of his appointment:
(a) Be at least thirty (30) years of age;
(b) Be a citizen of the United States;
(c) Have held a license to practice law or held a judicial office in one (1) or more jurisdictions of the United States for at least five (5) continuous years immediately preceding such appointment; and
(d) Be or become an active member of the Idaho state bar within one (1) year of appointment and remain an active member in good standing thereafter.
(3) If the chief administrative hearing officer resigns, dies, or is removed from office as provided in this section, the governor shall appoint a person who meets the qualifications established in this section, subject to confirmation by the senate, to fill the unexpired term.
(4) The chief administrative hearing officer may be removed from office by the governor for failing to retain those qualifications of his office established in subsection (2) of this section, for engaging in prohibited conduct established in section 67-5282(2), Idaho Code, or for good cause shown. Before such removal, the governor shall give the chief administrative hearing officer a written copy of the charges against him, provide him an opportunity to submit a response no fewer than fourteen (14) calendars days thereafter, and may provide him such other process as the governor deems appropriate. If the chief administrative hearing officer is removed, the governor shall provide the house of representatives and the senate written notice of the removal, the effective date of removal, and the reason or reasons therefor.
(5) The chief administrative hearing officer shall be compensated as determined by the governor.
History:
[67-5281, added 2022, ch. 287, sec. 6, p. 915; am. 2023, ch. 182, sec. 3, p. 498.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT › Section 67-5284 - COOPERATION OF AGENCIES.

67-5284. COOPERATION OF AGENCIES. No agency or state officer, other than the chief administrative hearing officer, shall attempt to influence the selection of a hearing officer for a contested case proceeding or any other matter, except mediations, and the chief administrative hearing officer shall not permit any such influence; provided that agencies and state officers may inform the office of administrative hearings in writing of their views regarding:
(1) Expertise needed or desired with respect to types of potential contested cases;
(2) Proposed rules under consideration for adoption by the office of administrative hearings;
(3) Legislation or rules under consideration or being proposed by the office of administrative hearings;
(4) Legislation or rules under consideration or being proposed by such agencies or state officers; and
(5) Alleged violations of the code of conduct.
History:
[67-5284, added 2022, ch. 287, sec. 9, p. 917.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT › Section 67-5285 - OFFICE OF ADMINISTRATIVE HEARINGS — COST ESTIMATES — ASSESSMENT OF RECIPIENT AGENCIES.

67-5285. OFFICE OF ADMINISTRATIVE HEARINGS — COST ESTIMATES — ASSESSMENT OF RECIPIENT AGENCIES. (1) The office of administrative hearings shall prepare an estimate of costs for state budgeting purposes for services provided by the office of administrative hearings. The office of administrative hearings shall notify the division of financial management of such estimated costs by August 29 of each fiscal year. The division of financial management shall notify all state agencies of these cost estimates for the next fiscal year on or before October 1 of each fiscal year. The division of financial management and the legislative services office shall allow state agencies to modify their budget requests in response to such estimates.
(2) The office of administrative hearings shall assess each recipient agency the amounts allocated for services provided. Amounts so assessed shall be separately accounted for and can be expended only after legislative appropriation. Such amount shall be paid by each state entity in the succeeding fiscal year to the indirect cost recovery fund. Before June 30 of each fiscal year, the state controller shall transfer an amount equal to such deposits to the state general fund.
History:
[67-5285, added 2022, ch. 287, sec. 10, p. 918.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT › 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 contested case did not commence prior to January 1, 2023. Provided, however, the office of administrative hearings shall not conduct department of health and welfare contested case hearings until January 1, 2024, and such hearings commenced prior to that date shall be completed by the department of health and welfare.
(2) The department of health and welfare shall expeditiously submit to the centers for medicare and medicaid services (CMS) all that may be required for CMS to approve the conduct of department of health and welfare contested case hearings by the office of administrative hearings commencing on January 1, 2024, as provided for in subsections (1) and (3) of this section, including but not limited to state plan amendments, waivers, and memorandums of agreement. The governor, by and through the director of the department of health and welfare, shall retain the authority to exercise appropriate oversight of hearings necessary to comply with requirements described in 42 U.S.C. 1396a and related regulations.
(3) The governor may, after notice to the chief administrative hearing officer, extend the date on which the office of administrative hearings is to commence conducting department of health and welfare contested case hearings as provided for in subsection (1) of this section until CMS has approved the conduct of hearings by the office of administrative hearings.
History:
[67-5286, added 2022, ch. 287, sec. 11, p. 918.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT › Section 67-5292 - PERIODIC REVIEW OF ADMINISTRATIVE RULES.

67-5292. PERIODIC REVIEW OF ADMINISTRATIVE RULES. Each rule chapter that is in effect on July 1, 2026, shall be reviewed by the legislature on a staggered, periodic schedule between July 1, 2026, and June 30, 2034, and on a similar schedule each eight (8) years thereafter.
History:
[(67-5292) 67-5219, added 1990, ch. 22, sec. 2, p. 34; am. and redesig. 1992, ch. 263, sec. 54, p. 815; am. 1996, ch. 161, sec. 13, p. 539; am. 2014, ch. 191, sec. 4, p. 517; am. 2023, ch. 314, sec. 8, p. 963.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 53 - PERSONNEL SYSTEM › Section 67-5301 - ESTABLISHMENT OF DIVISION OF HUMAN RESOURCES AND DECLARATION OF POLICY.

67-5301. ESTABLISHMENT OF DIVISION OF HUMAN RESOURCES AND DECLARATION OF POLICY. There is hereby established the division of human resources in the office of the governor, which is authorized and directed to administer a personnel system, including the provision of personal and professional training, for state of Idaho employees as set forth in this chapter. The purpose of said personnel system is to provide a means whereby classified employees of the state of Idaho shall be examined, selected, retained and promoted on the basis of merit and their performance of duties, thus effecting economy and efficiency in the administration of state government. The legislature declares that, in its considered judgment, the public good and the general welfare of the citizens of this state require enactment of this measure, under the powers of the state.
History:
[67-5301, added 1965, ch. 289, sec. 1, p. 746; am. 1974, ch. 34, sec. 4, p. 988; am. 1977, ch. 307, sec. 2, p. 857; am. 1994, ch. 272, sec. 1, p. 837; am. 1999, ch. 370, sec. 1, p. 977.; am. 2022, ch. 112, sec. 2, p. 401.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 53 - PERSONNEL SYSTEM › Section 67-5304 - EXISTING MERIT SYSTEMS AND PERSONNEL SYSTEMS.

67-5304. EXISTING MERIT SYSTEMS AND PERSONNEL SYSTEMS. The personnel system administered by the division of human resources created by this act is hereby designated as the "merit system," "civil service system" or "personnel system" as may be required by any other section of the Idaho Code for the administration of any department covered by this act; and all laws in conflict in whole or in part with the provisions of this act are hereby repealed to the extent of such conflict or inconsistency, provided, however, that in the implementation of this act those portions of chapter 35, title 67, Idaho Code, requiring approval of the administrator of the division of financial management of increase in compensation for any state employee, shall not be held to apply to employees covered under this act, but all departments whose salaries and administrative costs come from state appropriations shall prepare and file the reports and estimates in the office of the administrator of the division of financial management in accordance with chapter 35, title 67, Idaho Code, and personnel compensation thereunder shall not be effective until approved as being within the state budget limitations of the respective department.
History:
[67-5304, added 1965, ch. 289, sec. 4, p. 746; am. 1986, ch. 134, sec. 1, p. 356; am. 1999, ch. 370, sec. 3, p. 982.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 53 - PERSONNEL SYSTEM › Section 67-5306 - APPLICABILITY OF FEDERAL MERIT SYSTEM STANDARDS.

67-5306. APPLICABILITY OF FEDERAL MERIT SYSTEM STANDARDS. Notwithstanding any other provision, wherever federal merit system standards are applicable to any department covered by this act, financed in whole or in part by federal funds, rules shall be established or modified by the administrator pursuant to chapter 52, title 67, Idaho Code, to the extent necessary to apply such standards to personnel administration in such grant-in-aid programs, and to the positions and employees therein.
History:
[67-5306, added 1965, ch. 289, sec. 6, p. 746; am. 1999, ch. 370, sec. 5, p. 984.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 53 - PERSONNEL SYSTEM › Section 67-5307 - ORGANIZATION OF COMMISSION.

67-5307. ORGANIZATION OF COMMISSION. (1) The Idaho personnel commission is hereby created in the office of the governor and shall consist of five (5) members, not more than three (3) of which at any time may belong to the same political party. The members of the commission shall be appointed by the governor on the basis of experience in personnel management, business or governmental management and their known sympathy with merit principles for the impartial selection of efficient state government employees; provided, however, that at least two (2) of the members shall have had at least five (5) years of personnel management experience.
(2) Members of the commission shall be appointed for overlapping terms of six (6) years, except that in the first instance one (1) member shall be appointed for two (2) years, one (1) member for four (4) years and one (1) member for six (6) years. Initial members shall be appointed to take office within thirty (30) days after the effective date of this chapter. The members of the personnel commission serving on the effective date of this chapter shall continue in office subject to the provisions of this chapter. The additional members of the commission shall be appointed one (1) for four (4) years and one (1) for six (6) years, the term of each to be designated by the governor. Their successors shall be appointed for terms of six (6) years. If, for any reason, a member should leave the commission before his term expires, the governor shall appoint another member to fill out the unexpired term.
(3) No member of the commission shall hold political office or be an officer of a political organization during his term, nor shall any member have held political office or have been an officer of a political organization during the twelve (12) months preceding his appointment. No member of the commission shall have been employed as an official or employee of the state of Idaho during the twelve (12) months preceding his appointment, nor be so employed during his term. The chairman shall be appointed by the governor prior to the first meeting of each calendar year.
(4) The governor may remove a commissioner for inefficiency, neglect of duty or misconduct in office after first giving him a copy of charges against him and an opportunity to be heard publicly before the governor. A copy of the charges and a transcript of the record of the hearing shall be filed with the secretary of state.
(5) The commission shall meet at regularly scheduled intervals or on call of the chairman. Three (3) members shall constitute a quorum for the transaction of business. Members shall each be compensated as provided by section 59-509(n), Idaho Code.
History:
[67-5307, added 1965, ch. 289, sec. 7, p. 746; am. 1975, ch. 164, sec. 3, p. 434; am. 1980, ch. 247, sec. 87, p. 650; am. 1996, ch. 104, sec. 1, p. 406; am. 1998, ch. 330, sec. 1, p. 1062; am. 1999, ch. 370, sec. 6, p. 984; am. 2023, ch. 6, sec. 3, p. 11.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 53 - PERSONNEL SYSTEM › Section 67-5308 - AUTHORITY AND DUTIES OF THE DIVISION OF HUMAN RESOURCES — SELECTION OF ADMINISTRATOR.

67-5308. AUTHORITY AND DUTIES OF THE DIVISION OF HUMAN RESOURCES — SELECTION OF ADMINISTRATOR. (1) It shall be the duty of the division of human resources to administer this chapter. The administrator of the division of human resources shall have the duty, power and authority to employ such persons, make such expenditures, require such reports, make investigations of state classified and nonclassified employees, perform such travel pursuant to the provisions of this chapter, and to take such other actions as it deems necessary or suitable to that end.
(2) An administrator of the division of human resources in the office of the governor shall be appointed by the governor, shall be subject to confirmation by the senate and shall serve at the pleasure of the governor. The administrator shall be experienced in personnel administration. The administrator shall provide necessary support to the commission when it carries out its duties.
History:
[67-5308, added 1965, ch. 289, sec. 8, p. 746; am. 1998, ch. 330, sec. 2, p. 1063; am. 1999, ch. 370, sec. 7, p. 985; am. 2022, ch. 112, sec. 6, p. 406; am. 2023, ch. 218, sec. 29, p. 654.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 53 - PERSONNEL SYSTEM › Section 67-5309A - STATE EMPLOYEE COMPENSATION PHILOSOPHY.

67-5309A. STATE EMPLOYEE COMPENSATION PHILOSOPHY. (1) It is hereby declared to be the intent of the legislature of the state of Idaho that the goal of a total compensation system for state employees shall be to fund a competitive employee compensation and benefit package that will attract qualified applicants to the work force; retain employees who have a commitment to public service excellence; motivate employees to maintain high standards of productivity; and reward employees for outstanding performance.
(2) The foundation for this philosophy recognizes that state government is a service enterprise in which the state work force provides the most critical role for Idaho citizens. Maintaining a competitive compensation system is an integral, necessary and expected cost of providing the delivery of state services and is based on the following compensation standards:
(a) The state’s overall compensation system, which includes both a salary and a benefit component, when taken as a whole shall be competitive with relevant labor market averages.
(b) Advancement in pay shall be based on job performance and market changes.
(c) Pay for performance shall provide faster salary advancement for higher performers based on a merit increase matrix developed by the division of human resources.
(d) All employees below the state’s midpoint market average in a salary range who are meeting expectations in the performance of their jobs shall move through the pay range toward the midpoint market average.
(3) It is hereby declared to be legislative intent that regardless of specific budgetary conditions from year to year, it is vital to fund necessary compensation adjustments each year to maintain market competitiveness in the compensation system. In order to provide this funding commitment in difficult fiscal conditions, it may be necessary to increase revenues, or to prioritize and eliminate certain functions or programs in state government, or to reduce the overall number of state employees in a given year, or any combination of such methods.
History:
[67-5309A, added 2006, ch. 380, sec. 10, p. 1188.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 53 - PERSONNEL SYSTEM › Section 67-5310 - SERVICE TO OTHER POLITICAL SUBDIVISIONS.

67-5310. SERVICE TO OTHER POLITICAL SUBDIVISIONS. Subject to the approval of the administrator, agreements may be entered into with any political subdivision of the state of Idaho to furnish services and facilities of the division and staff to such political subdivisions in the administration of their personnel on merit principles. Any such agreement shall provide for reimbursement to the division of the reasonable cost of the services or facilities furnished as determined by the administrator.
History:
[67-5310, added 1965, ch. 289, sec. 10, p. 746; am. 1999, ch. 370, sec. 11, p. 991.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 53 - PERSONNEL SYSTEM › Section 67-5311 - LIMITATION OF POLITICAL ACTIVITY.

67-5311. LIMITATION OF POLITICAL ACTIVITY. (1) No employee of a state department covered by this act shall:
(a) Use his official authority or influence for the purpose of interfering with an election to or a nomination for office, or affecting the result thereof;
(b) Directly or indirectly coerce, attempt to coerce, command, or direct any other such officer or employee to pay, lend, or contribute any part of his salary or compensation or anything else of value to any party, committee, organization, agency, or person for political purposes; or
(c) Be a candidate and hold elective office in any partisan election.
(2) All such employees shall retain the right to:
(a) Register and vote in any election;
(b) Express an opinion as an individual privately and publicly on political subjects and candidates;
(c) Display a political picture, sticker, badge, or button;
(d) Participate in the nonpartisan activities of a civic, community, social, labor, or professional organization, or of a similar organization;
(e) Be a member of a political party or other political organization and participate in its activities;
(f) Attend a political convention, rally, fund-raising function, or other political gathering;
(g) Sign a political petition as an individual;
(h) Make a financial contribution to a political party or organization;
(i) Take an active part, in support of a candidate, in an election;
(j) Be politically active in connection with a question which is not specifically identified with a political party, such as a constitutional amendment, referendum, approval of a municipal ordinance or any other question or issue of a similar character;
(k) Serve as an election judge or clerk, or in a similar position to perform nonpartisan duties as prescribed by state or local law;
(l) Be a candidate and hold elective office in any nonpartisan election;
(m) Take an active part in political organization management; and
(n) Otherwise participate fully in public affairs, except as prohibited by law, in a manner which does not materially compromise the neutrality, efficiency, or integrity of the employee’s administration of state functions.
History:
[67-5311, added 1965, ch. 289, sec. 11, p. 746; am. 1975, ch. 164, sec. 6, p. 434; am. 1986, ch. 133, sec. 5, p. 352; am. 1987, ch. 168, sec. 1, p. 329; am. 2023, ch. 7, sec. 4, p. 21.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 53 - PERSONNEL SYSTEM › Section 67-5312 - VIOLATIONS.

67-5312. VIOLATIONS. Any person willfully violating any of the provisions of this act or of the rules or regulations established thereunder shall be guilty of a misdemeanor.
History:
[67-5312, added 1965, ch. 289, sec. 12, p. 746; am. 2023, ch. 7, sec. 5, p. 22.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 53 - PERSONNEL SYSTEM › Section 67-5313 - VETERANS’ PREFERENCE.

67-5313. VETERANS’ PREFERENCE. Veterans’ preference as provided in title 65, chapter 5, Idaho Code, shall be observed except that entrance probationary periods are governed exclusively by the provisions of this chapter.
History:
[67-5313, added 1965, ch. 289, sec. 13, p. 746; am. 1993, ch. 21, sec. 1, p. 79.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 53 - PERSONNEL SYSTEM › Section 67-5314 - METHOD OF FINANCING.

67-5314. METHOD OF FINANCING. (1) There is hereby created in the state treasury the division of human resources fund. All participating departments are hereby authorized and directed to pay out of their funds to the state treasurer their respective shares of the authorized budget of the division. All moneys placed in said fund are hereby perpetually appropriated to the division for the administrative purposes of this chapter. All expenditures from said fund shall be paid out in warrants drawn by the state controller upon presentation of proper vouchers from the administrator.
(2) The division shall allocate costs of its operation to each participating department in the same proportion that the amount of the payroll for classified employees of the department bears to the total amount of the payroll for classified employees of all departments combined and averaged as to the basis for allocation of costs.
(3) Each participating department shall deposit to said fund on a pay period basis as prescribed by the state controller, an amount equal to its share of costs of operation of the human resources division according to the cost allocation formula set forth above. Departmental deposits for each succeeding fiscal year shall be at a percentage rate of salaries and wages for positions subject to this chapter, computed to be sufficient to carry out the intent and all provisions of this chapter as directed by the legislature.
(4) The division of human resources may negotiate fees with participating departments with only nonclassified employees to provide services to support state employment systems.
History:
[67-5314, added 1965, ch. 289, sec. 14, p. 746; am. 1977, ch. 307, sec. 4, p. 862; am. 1984, ch. 238, sec. 1, p. 570; am. 1994, ch. 180, sec. 220, p. 557; am. 1999, ch. 370, sec. 12, p. 991; am. 2022, ch. 112, sec. 8, p. 410.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 53 - PERSONNEL SYSTEM › Section 67-5317 - CLASSIFIED EMPLOYEE PETITION FOR REVIEW PROCEDURE.

67-5317. CLASSIFIED EMPLOYEE PETITION FOR REVIEW PROCEDURE. (1) If a classified employee files a petition for review, the personnel commission shall review the record of the proceeding before the hearing officer, briefs submitted in accordance with any briefing schedule it orders, and any transcripts submitted of the hearing below. The commission may grant the parties the opportunity to present oral argument, but need not do so if the record clearly shows that the commission or the hearing officer lacks jurisdiction over the appeal or petition for review. The personnel commission may affirm, reverse or modify the decision of the hearing officer, may remand the matter, or may dismiss it for lack of jurisdiction.
(2) Any party in interest may file in the district court for the county in which any party to the proceedings resides, a certified copy of the decision of the commission, which the district court shall have the power to enforce by proper proceedings.
(3) A decision of the commission shall be final and conclusive between the parties, unless within forty-two (42) days of the filing of such decision either party appeals to the district court. Where the decision of the personnel commission directed the reinstatement of an employee, the employee shall be reinstated upon receipt of a copy of the decision unless a stay of the order be granted by the district court upon proper petition.
(4) Nonclassified employees are not eligible to seek review of any personnel action before the personnel commission.
History:
[67-5317, added 1986, ch. 134, sec. 6, p. 361; am. 1999, ch. 370, sec. 15, p. 994; am. 2022, ch. 112, sec. 10, p. 411.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 53 - PERSONNEL SYSTEM › Section 67-5318 - APPEAL TO DISTRICT COURT.

67-5318. APPEAL TO DISTRICT COURT. Upon the appeal of a decision of the commission, the district court may affirm, or set aside and remand the matter to the commission upon the following grounds, and shall not set the same aside on any other grounds:
(1) That the findings of fact are not based on any substantial, competent evidence;
(2) That the commission has acted without jurisdiction or in excess of its powers;
(3) That the findings of fact by the commission do not as a matter of law support the decision.
History:
[67-5318, added 1986, ch. 134, sec. 7, p. 361.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 53 - PERSONNEL SYSTEM › Section 67-5332 - CREDITED STATE SERVICE — APPLICABILITY — COMPUTATION.

67-5332. CREDITED STATE SERVICE — APPLICABILITY — COMPUTATION. (1) For the purposes of payroll, vacation or annual leave, sick leave and other applicable purposes, credited state service shall be earned by:
(a) Eligible classified and nonclassified officers and employees of any department, commission, division, agency or board of the executive department;
(b) Such other classified and nonclassified officers and employees as may be prescribed by law or by order of the state board of examiners.
(2) Service in the employ of any of the following units of government, or other similar units, shall not earn credited state service: counties, cities, school districts, community college districts, irrigation districts and highway districts. Service as an independent contractor or consultant is not state service.
(3) One (1) hour of credited state service shall be earned by each eligible state officer or employee for each hour, or major fraction thereof, worked or on approved leave as provided in subsection (4) of this section.
(4) Credited state service shall be earned when on approved leave with pay, on approved vacation leave, approved military leave, on approved sick leave, and holiday leave, but not when compensatory time or earned administrative leave is taken.
(5) Service for retirement purposes shall be as provided in chapter 13, title 59, Idaho Code.
History:
[67-5332, added 1977, ch. 307, sec. 10, p. 869; am. 1979, ch. 197, sec. 2, p. 572; am. 1981, ch. 133, sec. 6, p. 234; am. 1988, ch. 85, sec. 1, p. 169; am. 1999, ch. 243, sec. 3, p. 622; am. 2000, ch. 121, sec. 2, p. 266; am. 2022, ch. 112, sec. 12, p. 413.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 53 - PERSONNEL SYSTEM › Section 67-5333A - SICK LEAVE TRANSFERRED — PUBLIC EDUCATION ENTITY AND STATE EDUCATIONAL AGENCY.

67-5333A. SICK LEAVE TRANSFERRED — PUBLIC EDUCATION ENTITY AND STATE EDUCATIONAL AGENCY. Any employee who becomes an eligible employee of a state educational agency immediately following termination of employment with a public education entity shall be credited by the state of Idaho with the amount of any unused sick leave previously accrued upon commencement of state educational agency employment. Any employee who becomes an eligible employee of a public education entity immediately following termination of state educational agency employment shall be credited by the public education entity with the amount of sick leave accrued upon commencement of public education entity employment. After such transfer, the use of sick leave shall be governed by the laws, rules and policies applicable to the state educational agency or public education entity thereafter employing such employee.
History:
[67-5333A, added 2012, ch. 138, sec. 1, p. 365; am. 2016, ch. 199, sec. 2, p. 559.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 53 - PERSONNEL SYSTEM › Section 67-5337 - MOVING EXPENSE REIMBURSEMENT.

67-5337. MOVING EXPENSE REIMBURSEMENT. In order for the state to attract and retain professional staff, it may be necessary to defray normal intrastate and interstate moving expenses. The head of any department, office or institution of the state shall have the authority to decide whether or not to reimburse moving expenses for current or newly-hired state employees on a case-by-case basis up to ten percent (10%) of the employee’s base salary or fifteen thousand dollars ($15,000), whichever is less, and in compliance with rules for the reimbursement of moving expenses promulgated by the division of human resources. Exceptions to the maximum moving expense reimbursement may be granted if approved in advance by the department director. Agencies shall submit a report to the division of financial management and the legislative services office by October 1 on all moving expense reimbursements granted in the preceding fiscal year.
History:
[67-5337, added 2006, ch. 380, sec. 20, p. 1198.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 53 - PERSONNEL SYSTEM › Section 67-5338 - RED CROSS DISASTER SERVICES.

67-5338. RED CROSS DISASTER SERVICES. An employee of the state of Idaho, who is a certified disaster service volunteer, shall be granted paid leave for an aggregate of up to one hundred twenty (120) work hours, consecutively or nonconnectively, in any twelve (12) month period to participate in disaster relief services for the American red cross. Such leave shall be limited to services related to a disaster of level III, or higher, upon the declaration of the governor or the president of the United States, and shall be in the state of Idaho or a state contiguous to the state of Idaho. The request shall be in writing from an official of the American red cross for such employee’s services. Leave for disaster services shall be in addition to other paid leave or vacation time provided to employees. Part-time employees shall be entitled to leave under this section based on the proportion they work of a forty (40) hour week.
History:
[67-5338, added 2000, ch. 350, sec. 1, p. 1178.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 53 - PERSONNEL SYSTEM › Section 67-5340 - LEAVE OF ABSENCE WITH PAY IN LIEU OF WORKER’S COMPENSATION BENEFITS.

67-5340. LEAVE OF ABSENCE WITH PAY IN LIEU OF WORKER’S COMPENSATION BENEFITS. (1) Whenever any employee of the state of Idaho who is categorized as a police officer for retirement purposes pursuant to section 59-1303, Idaho Code, is physically disabled by a serious injury arising out of and in the course of his duties, and the injury is induced by a second party, he shall be entitled, regardless of his period of service with the department, to a leave of absence while so disabled without loss of salary or benefits for a period of not more than one (1) year. Any worker’s compensation payments made to the employee shall revert back to the employee’s department. For the purposes of this section, "serious injury" means an injury that renders the police officer incapable of performing the regularly assigned duties of his regular employment position or office and "injury induced by a second party" means an injury induced by the negligent, malicious, or intentional act or omission of another person during a chargeable misdemeanor or felony.
(2) It shall be the duty of the director of the applicable department to determine whether or not the disability referred to in subsection (1) of this section arose out of and in the course of duty. The director of the applicable department shall also determine when such disability ceases.
(3) Payment of salary pursuant to this section shall not preclude the disabled police officer from receiving regular medical, surgical or hospital coverage as provided pursuant to section 67-5761, Idaho Code.
(4) If a police officer is disabled for more than one (1) year, then the regular disability insurance provisions of the Idaho Code shall apply to any period of disability beyond the one (1) year period of disability covered by this section.
(5) The provisions of this section shall not apply to periods of disability that occur subsequent to termination of employment by resignation, retirement, or dismissal. When the provisions of this section do not apply, the employee shall be eligible for those benefits that would apply if this section had not been enacted.
History:
[67-5340, added 1988, ch. 376, sec. 1, p. 1109; am. 2023, ch. 7, sec. 9, p. 25.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 53 - PERSONNEL SYSTEM › Section 67-5342 - SEVERANCE PAY FOR STATE EMPLOYEES.

67-5342. SEVERANCE PAY FOR STATE EMPLOYEES. Upon termination from state service, no classified, nonclassified, or exempt employee shall be eligible for severance pay and no employer shall provide or pay severance pay to such an employee or former employee. As used in this section, "severance pay" shall mean money, exclusive of wages or salary, vacation leave payoff, and compensatory time leave payoff, paid to a classified, nonclassified, or exempt employee who resigns from state service of his own volition and not under duress.
History:
[67-5342, added 1993, ch. 336, sec. 1, p. 1265; am. 2006, ch. 380, sec. 21, p. 1198; am. 2022, ch. 112, sec. 14, p. 416.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 53 - PERSONNEL SYSTEM › Section 67-5342A - SEVERANCE PAY — PURCHASE OF MEMBERSHIP SERVICE PROHIBITED.

67-5342A. SEVERANCE PAY — PURCHASE OF MEMBERSHIP SERVICE PROHIBITED. The provisions of this section shall apply to classified, nonclassified, and exempt state employees of the legislative and executive branches of government. For purposes of this chapter, the term "severance pay" as provided for in section 67-5342, Idaho Code, shall include any payment by an employer toward the purchase of membership service pursuant to section 59-1363, Idaho Code. Provided however, that nothing in this section shall change any rights provided pursuant to section 59-1362, Idaho Code, related to active duty service.
History:
[67-5342A, added 2010, ch. 173, sec. 1, p. 356; am. 2022, ch. 112, sec. 15, p. 416.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 53 - PERSONNEL SYSTEM › Section 67-5343 - LEAVE OF ABSENCE FOR BONE MARROW OR ORGAN DONATION.

67-5343. LEAVE OF ABSENCE FOR BONE MARROW OR ORGAN DONATION. (1) A full-time employee shall be granted a leave of absence for the time specified for the following purposes:
(a) Five (5) workdays to serve as a bone marrow donor if the employee provides the appointing authority written verification that the employee is to serve as a bone marrow donor; and
(b) Thirty (30) workdays to serve as a human organ donor if the employee provides the appointing authority written verification that the employee is to serve as a human organ donor.
(2) An employee who is granted a leave of absence pursuant to the provisions of this section shall receive his compensation without interruption during the leave of absence. For purposes of determining longevity, performance, pay advancement and performance awards and for receipt of any benefit that may be affected by a leave of absence, the service of the employee shall be considered uninterrupted by the leave of absence.
(3) The appointing authority shall not penalize an employee for requesting or obtaining a leave of absence pursuant to the provisions of this section.
(4) The leave authorized by this section may be requested by the employee only if the employee is the person who is serving as the donor.
(5) Full-time employees shall be notified of the leave offered pursuant to this section each April in an electronic message distributed by the state controller’s office.
History:
[67-5343, added 2006, ch. 257, sec. 1, p. 794; am. 2018, ch. 98, sec. 2, p. 207.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 54 - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Section 67-5401 - PURPOSES.

67-5401. PURPOSES. The purposes of this act are:
(1) To relieve blind persons from the distress of poverty;
(2) To encourage and assist blind persons in their efforts to become socially and economically independent and to render themselves more self-supporting; and
(3) To enlarge the opportunities of blind persons to obtain education, vocational training and employment.
History:
[67-5401, added 1967, ch. 373, sec. 1, p. 1071.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 54 - COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED › Section 67-5402 - DEFINITIONS.

67-5402. DEFINITIONS. As used in this act, unless the context otherwise requires:
(1) "Commission" means the Idaho commission for the blind and visually impaired.
(2) "Blind" or "visually impaired" means a person whose visual acuity with correcting lenses is not better than 20/200 in the better eye; or a person whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20 degrees; or a person who is functionally blind; or a person who is without any sight.
(3) "Functionally blind" means a person with a visual impairment which constitutes or results in a substantial impediment to employment, or substantially limits one (1) or more major life activities.
(4) "Prevention of blindness and sight restoration" means treatment or operations to prevent blindness or restore vision to applicants or recipients of services to the blind without financial resources to procure such services for themselves, who request and make written application for such treatment or operation.
History:
[67-5402, added 1967, ch. 373, sec. 2, p. 1071; am. 1967 (1st E.S.), ch. 14, sec. 1, p. 41; am. 1973, ch. 103, sec. 1, p. 176; am. 1982, ch. 350, sec. 2, p. 867; am. 1987, ch. 74, sec. 1, p. 145; am. 1994, ch. 159, sec. 5, p. 365; am. 2003, ch. 127, sec. 1, p. 378.]