reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Intervention - Public Witnesses › Section 04.11.01.354 - ORDERS GRANTING INTERVENTION - OPPOSITION

Current through August 31, 2023
No order granting a petition to intervene will be acted upon fewer than seven (7) days after its filing, except in a hearing in which any party may be heard. Any party opposing a petition to intervene by motion must file the motion within seven (7) days after receipt of the petition to intervene and serve the motion upon all parties of record and upon the person petitioning to intervene. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Intervention - Public Witnesses › Section 04.11.01.355 - PUBLIC WITNESSES

Current through August 31, 2023
Persons not parties and not called by a party who testify at hearing are called "public witnesses." Public witnesses do not have parties' rights to examine witnesses or otherwise participate in the proceedings as parties. Public witnesses' written or oral statements and exhibits are subject to examination and objection by parties. Subject to Rules  558  and  560, public witnesses have a right to introduce evidence at hearing by their written or oral statements and exhibits introduced at hearing, except that public witnesses offering expert opinions at hearing or detailed analyses or detailed exhibits must comply with Rule  530  with regard to filing and service of testimony and exhibits to the same extent as expert witnesses of parties. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Declaratory Rulings and Orders - Hearing Officers - Presiding Officers › Declaratory Rulings › Section 04.11.01.400 - FORM AND CONTENTS OF PETITION FOR DECLARATORY RULINGS

Current through August 31, 2023
Any person petitioning for a declaratory ruling on the applicability of a statute, rule or order administered by the agency must substantially comply with this rule. (3-31-22)
01.
Form
. The petition shall: (3-31-22)
a. Identify the petitioner and state the petitioner's interest in the matter; (3-31-22)
b. State the declaratory ruling that the petitioner seeks; and (3-31-22)
c. Indicate the statute, order, rule, or other controlling law, and the factual allegations upon which the petitioner relies to support the petition. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Declaratory Rulings and Orders - Hearing Officers - Presiding Officers › Declaratory Rulings › Section 04.11.01.401 - NOTICE OF PETITION FOR DECLARATORY RULING

Current through August 31, 2023
Notice of petition for declaratory ruling may be issued in a manner designed to call its attention to persons likely to be interested in the subject matter of the petition. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Declaratory Rulings and Orders - Hearing Officers - Presiding Officers › Declaratory Rulings › Section 04.11.01.402 - PETITIONS FOR DECLARATORY RULINGS TO BE DECIDED BY ORDER

Current through August 31, 2023
01.
Final Agency Action
. The agency's decision on a petition for declaratory ruling on the applicability of any statute, rule or order administered by the agency is a final agency action decided by order. (3-31-22)
02.
Content
. The order issuing the declaratory ruling shall contain or must be accompanied by a document containing the following paragraphs or substantially similar paragraphs: (3-31-22)
a. This is a final agency action issuing a declaratory ruling. (3-31-22)
b. Pursuant to Sections  67-5270  and  67-5272, Idaho Code, any party aggrieved by this declaratory ruling may appeal to district court by filing a petition in the District Court in the county in which: (3-31-22)
i. A hearing was held; (3-31-22)
ii. The declaratory ruling was issued; (3-31-22)
iii. The party appealing resides, or operates its principal place of business in Idaho; or (3-31-22)
iv. The real property or personal property that was the subject of the declaratory ruling is located. (3-31-22)
c. This appeal must be filed within twenty-eight (28) days of the service date of this declaratory ruling. See Section  67-5273, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Declaratory Rulings and Orders - Hearing Officers - Presiding Officers › Declaratory Rulings › Section 04.11.01.403. - 409 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Hearing Officers - Presiding Officers › Section 04.11.01.410 - APPOINTMENT OF HEARING OFFICERS

Current through August 31, 2023
A hearing officer is a person other than the agency head appointed to hear contested cases on behalf of the agency. Unless otherwise provided by statute or rule, hearing officers may be employees of the agency or independent contractors. Hearing officers may be (but need not be) attorneys. Hearing officers who are not attorneys should ordinarily be persons with technical expertise or experience in issues before the agency. The appointment of a hearing officer is a public record available for inspection, examination and copying. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Hearing Officers - Presiding Officers › Section 04.11.01.411 - HEARING OFFICERS CONTRASTED WITH AGENCY HEAD

Current through August 31, 2023
Agency heads are not hearing officers, even if they are presiding at contested cases. The term "hearing officer" as used in these rules refers only to officers subordinate to the agency head. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Hearing Officers - Presiding Officers › Section 04.11.01.412 - DISQUALIFICATION OF OFFICERS HEARING CONTESTED CASES

Current through August 31, 2023
Pursuant to Section  67-5252, Idaho Code, any party shall have a right to one (1) disqualification without cause of any person serving or designated to serve as a presiding officer and any party shall have a right to move to disqualify a hearing officer for bias, prejudice, interest, substantial prior involvement in the case 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 reason provided by law or for any cause for which a judge is or may be disqualified. Any party may, within fourteen (14) days, petition for the disqualification of a hearing officer after receiving notice that the officer will preside at a contested case or 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 the designation by a presiding officer. A hearing officer whose disqualification is requested shall determine in writing whether to grant the petition for disqualification, stating facts and reasons for the hearing officer's determination. Disqualification of agency heads, if allowed, will be pursuant to Sections  59-704  and  67-5252(4), Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Hearing Officers - Presiding Officers › Section 04.11.01.413 - SCOPE OF AUTHORITY OF HEARING OFFICERS

Current through August 31, 2023
The scope of hearing officers' authority may be restricted in the appointment by the agency. (3-31-22)
01.
Scope of Authority
. Unless the agency otherwise provides hearing, officers have the standard scope of authority, which is: (3-31-22)
a. Authority to schedule cases assigned to the hearing officer, including authority to issue notices of prehearing conference and of hearing, as appropriate; (3-31-22)
b. Authority to schedule and compel discovery, when discovery is authorized before the agency, and to require advance filing of expert testimony, when authorized before the agency; (3-31-22)
c. Authority to preside at and conduct hearings, accept evidence into the record, rule upon objections to evidence, and otherwise oversee the orderly presentations of the parties at hearing; and (3-31-22)
d. Authority to issue a written decision of the hearing officer, including a narrative of the proceedings before the hearing officer and findings of fact, conclusions of law, and recommended or preliminary orders by the hearing officer. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Hearing Officers - Presiding Officers › Section 04.11.01.414 - PRESIDING OFFICER(S)

Current through August 31, 2023
One (1) or more members of the agency board, the agency director, or duly appointed hearing officers may preside at hearing as authorized by statute or rule. When more than one officer sits at hearing, they may all jointly be presiding officers or may designate one of them to be the presiding officer. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Hearing Officers - Presiding Officers › Section 04.11.01.415 - CHALLENGES TO STATUTES

Current through August 31, 2023
A hearing officer in a contested case has no authority to declare a statute unconstitutional. However, when a court of competent jurisdiction whose decisions are binding precedent in the state of Idaho has declared a statute unconstitutional, or when a federal authority has preempted a state statute or rule, and the hearing officer finds that the same state statute or rule or a substantively identical state statute or rule that would otherwise apply has been challenged in the proceeding before the hearing officer, then the hearing officer shall apply the precedent of the court or the preemptive action of the federal authority to the proceeding before the hearing officer and decide the proceeding before the hearing officer in accordance with the precedent of the court or the preemptive action of the federal authority. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Hearing Officers - Presiding Officers › Section 04.11.01.416 - REVIEW OF RULES

Current through August 31, 2023
When an order is issued by the agency head in a contested case, the order may consider and decide whether a rule of that agency is within the agency's substantive rulemaking authority or whether the rule has been promulgated according to proper procedure. The agency head may delegate to a hearing officer the authority to recommend a decision on issues of whether a rule is within the agency's substantive rulemaking authority or whether the rule has been promulgated according to proper procedure or may retain all such authority itself. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Hearing Officers - Presiding Officers › Section 04.11.01.417 - EX PARTE COMMUNICATIONS

Current through August 31, 2023
Unless required for the disposition of a matter specifically authorized by statute to be done ex parte, a presiding officer serving in a contested case shall not communicate, directly or indirectly, regarding any substantive issue in the contested case with any party, except upon notice and opportunity for all parties to participate in the communication. The presiding officer may communicate ex parte with a party concerning procedural matters (e.g., scheduling). Ex parte communications from members of the general public not associated with any party are not required to be reported by this rule. However, when a presiding officer becomes aware of a written ex parte communication regarding any substantive issue from a party or representative of a party during a contested case, the presiding officer shall place a copy of the communication in the file for the case and distribute a copy of it to all parties of record or order the party providing the written communication to serve a copy of the written communication upon all parties of record. Written communications from a party showing service upon all other parties are not ex parte communications. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Hearing Officers - Presiding Officers › Section 04.11.01.422 - CONSIDERATION OF CONSENT AGREEMENT OR OTHER SETTLEMENTS BEFORE COMPLAINT ISSUED

Current through August 31, 2023
This rule sets forth procedures to be followed when a consent agreement, stipulated settlement, or other settlement is negotiated before a complaint is filed. (3-31-22)
01.
Negotiations
. As authorized by the agency, an attorney assigned to a prosecutorial/investigative role or members of the agency staff may negotiate consent agreements or other settlements with any person who might later be the subject of a complaint. When the agency head issues complaints, the agency head may participate in the negotiations. Otherwise, no member of the agency head, no attorney assigned to advise or assist the agency head in its adjudicatory function, and no hearing officer may participate in these negotiations, but the agency head may have rules or guidelines for issuance of consent agreements or other general policy statements available to guide individual negotiations. (3-31-22)
02.
Presentation of Consent Agreement to Agency Head
. When the consent agreement provides, or the persons signing the consent agreement contemplate, that the consent agreement must be presented to the agency head for approval, the consent agreement may be presented to the agency head by representatives of any party, unless the agreement provides to the contrary. Any consent agreement presented to the agency head must be served on all parties and on the agency staff. (3-31-22)
03.
Agency Head Consideration of Consent Agreement
. A consent agreement that is presented to the agency head for approval, disapproval or modification must be reviewed under this rule. The agency head may accept or reject the consent agreement, indicate how the consent agreement must be modified to be acceptable, or inform the parties what further information is required for the agency head's consideration of the consent agreement. When a consent agreement is rejected, no matter recited in the rejected consent agreement may be used as an admission against a party in any later proceeding before the agency, and any such matter must be proven by evidence independent of the consent agreement. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Hearing Officers - Presiding Officers › Section 04.11.01.423 - PROCEDURES AFTER ISSUANCE OF A COMPLAINT AND BEFORE THE AGENCY HEAD'S CONSIDERATION OF THE COMPLAINT

Current through August 31, 2023
This rule sets forth procedures to be followed by the agency head, agency attorneys, agency staff and hearing officers after a complaint is issued, while investigation or discovery is underway, while a hearing is conducted, and before the recommended order or preliminary order of the hearing officer is submitted to the agency head (if a hearing officer hears the complaint and issues a recommended or preliminary order). (3-31-22)
01.
The Agency Head
. (3-31-22)
a. Prohibited Contacts--allowable Managerial Reporting. Unless authorized or required by statute, the agency head shall not discuss the substance of the complaint ex parte with any representative of any party or with agency attorneys or agency staff involved in the prosecution or investigation of the complaint. The agency head may request periodic progress reporting on staff preparation from an executive director or other staff member in charge. For example, the agency head may ask whether the agency staff will be prepared to present its case by a given date. As required to perform statutory supervisory duties, the agency head may approve or disapprove expenditures associated with the prosecution, authorize retention of experts or outside counsel for the prosecution, address policy issues that may affect the prosecution, and otherwise discharge the agency head's statutory management and supervisory duties. (3-31-22)
b. Allowed Contacts. The agency head may discuss the substance of the complaint with agency attorneys and agency staff who are not involved in the prosecution or investigation of the complaint. When one or more members of the agency head sits with a hearing officer to hear the contested case, any member of the agency head not participating in the prosecution and not supervising prosecutorial/investigative personnel may discuss the substance of the complaint with the hearing officer. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Hearing Officers - Presiding Officers › Section 04.11.01.424 - HEARING OFFICERS

Current through August 31, 2023
No hearing officer may discuss the substance of a complaint ex parte with any agency attorney or agency staff involved in the investigation or prosecution of the complaint, with any representative of any party, or with any member of the public at large at any stage of the agency's consideration of the complaint or pending judicial review of the agency's decision in the complaint, except as allowed in Subsections  423.02.a. and 423.04. A hearing officer may consult with any other hearing officer. A hearing officer may consult with the agency head as authorized by Subsections  423.01.b. and 425.01. A hearing officer may consult with an agency attorney assigned to advise or assist the hearing officer. The agency may appoint as a hearing officer the agency attorney who will advise or assist the agency head in consideration of the complaint, but this agency attorney cannot participate in the prosecution of the complaint or have ex parte contact with any party to the complaint or the agency's prosecutorial/investigative staff. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Hearing Officers - Presiding Officers › Section 04.11.01.425 - AGENCY HEAD'S CONSIDERATION OF RECOMMENDED OR PRELIMINARY ORDER

Current through August 31, 2023
This rule sets forth procedures to be followed by the agency head, agency attorneys, agency staff, and hearing officers after the hearing officer's recommended order or preliminary order has been placed before the agency head for review. (3-31-22)
01.
The Agency Head
. In considering the hearing officer's recommended order or preliminary order, the agency head may consult with an agency attorney assigned to advise or assist the agency head and with agency staff who did not participate in the investigation or prosecution of the complaint. As allowed in Subsection  423.01.b. when one (1) or more members of the agency head and the hearing officer hear the complaint, the agency head may consult with the hearing officer who heard the complaint and prepared the recommended order or preliminary order or with other hearing officers. The agency head shall not discuss the substance of the complaint ex parte with any representative of any party or with agency attorneys or agency staff involved in the prosecution or investigation of the complaint; except: (3-31-22)
a. Bench Rulings, etc. When the agency head has made a bench ruling and has on the record directed the attorney for a party or the agency attorney to prepare findings of fact and other reasoning supporting the decision in conformance with the bench ruling, or when the agency head has by written document served on all parties directed the attorney for a party or the agency attorney to prepare findings of fact and other reasoning supporting the decision in conformance with the written document, the agency head may contact the attorney for the party or the agency attorney in connection with the preparation of the written document to be submitted to the agency head. (3-31-22)
b. Technical Calculations. If the consideration of the complaint requires technical calculations, etc., that can most efficiently be performed by a person who participated in the investigation or hearing, the agency head may direct that person to perform the calculations, etc., for the agency head's use in the final order. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Post-Pleading Procedure › Alternative Dispute Resolution (ADR) › Section 04.11.01.500 - ALTERNATIVE RESOLUTION OF CONTESTED CASES

Current through August 31, 2023
The Idaho Legislature encourages informal means of alternative dispute resolution (ADR). For contested cases, the means of ADR include, but are not limited to, settlement negotiations, mediation, factfinding, minitrials, and arbitration, or any combination of them. These alternatives can frequently lead to more creative, efficient and sensible outcomes than may be attained under formal contested case procedures. An agency may use ADR for the resolution of issues in controversy in a contested case if the agency finds that such a proceeding is appropriate. An agency may find that using ADR is not appropriate if it determines that an authoritative resolution of the matter is needed for precedential value, that formal resolution of the matter is of special importance to avoid variation in individual decisions, that the matter significantly affects persons who are not parties to the proceeding, or that a formal proceeding is in the public interest. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Post-Pleading Procedure › Alternative Dispute Resolution (ADR) › Section 04.11.01.501 - NEUTRALS

Current through August 31, 2023
When ADR is used for all or a portion of a contested case, the agency may provide a neutral to assist the parties in resolving their disputed issues. The neutral may be an employee of the agency or of another state agency or any other individual who is acceptable to the parties to the proceeding. A neutral shall have no official, financial, or personal conflict of interest with respect to the issues in controversy, unless such interest is disclosed in writing to all parties and all parties agree that the neutral may serve. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Post-Pleading Procedure › Alternative Dispute Resolution (ADR) › Section 04.11.01.502 - CONFIDENTIALITY

Current through August 31, 2023
Communications in an ADR proceeding shall not be disclosed by the neutral or by any party to the proceeding unless all parties to the proceeding consent in writing, the communication has already been made public, or the communication is required by court order, statute or agency rule to be make public. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Prehearing Conferences › Section 04.11.01.510 - PURPOSES OF PREHEARING CONFERENCES

Current through August 31, 2023
The presiding officer may by order or notice issued to all parties and to all interested persons as defined in Section  158  convene a prehearing conference in a contested case for the purposes of formulating or simplifying the issues, obtaining concessions of fact or identification of documents to avoid unnecessary proof, scheduling discovery when discovery is authorized before the agency, arranging for the exchange of proposed exhibits or prepared testimony, limiting witnesses, discussing settlement offers or making settlement offers, scheduling hearings, establishing procedure at hearings, and addressing other matters that may expedite orderly conduct and disposition of the proceeding or its settlement. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Prehearing Conferences › Section 04.11.01.511 - NOTICE OF PREHEARING CONFERENCE

Current through August 31, 2023
Notice of the place, date and hour of a prehearing conference will be served at least fourteen (14) days before the time set for the prehearing conference, unless the presiding officer finds it necessary or appropriate for the conference to be held earlier. Notices for prehearing conference must contain the same information as notices of hearing with regard to an agency's obligations under the American with Disabilities Act (See Rule  551). (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Prehearing Conferences › Section 04.11.01.512 - RECORD OF CONFERENCE

Current through August 31, 2023
Prehearing conferences may be held formally (on the record) or informally (off the record) before or in the absence of a presiding officer, according to order or notice. Agreements by the parties to the conference may be put on the record during formal conferences or may be reduced to writing and filed with the agency after formal or informal conferences. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Prehearing Conferences › Section 04.11.01.513 - ORDERS RESULTING FROM PREHEARING CONFERENCE

Current through August 31, 2023
The presiding officer may issue a prehearing order or notice based upon the results of the agreements reached at or rulings made at a prehearing conference. A prehearing order will control the course of subsequent proceedings unless modified by the presiding officer for good cause. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Prehearing Conferences › Section 04.11.01.514 - FACTS DISCLOSED NOT PART OF THE RECORD

Current through August 31, 2023
Facts disclosed, offers made and all other aspects of negotiation (except agreements reached) in prehearing conferences in a contested case are not part of the record. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Discovery-Related Prehearing Procedures › Section 04.11.01.520 - KINDS AND SCOPE OF DISCOVERY LISTED

Current through August 31, 2023
01.
Kinds of Discovery
. The kinds of discovery recognized by these rules in contested cases are: (3-31-22)
a. Depositions; (3-31-22)
b. Production requests or written interrogatories; (3-31-22)
c. Requests for admission; (3-31-22)
d. Subpoenas; and (3-31-22)
e. Statutory inspection, examination (including physical or mental examination), investigation, etc. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Discovery-Related Prehearing Procedures › Section 04.11.01.521 - WHEN DISCOVERY AUTHORIZED

Current through August 31, 2023
Parties may agree between or among themselves to provide for discovery without reference to an agency's statutes, rules of procedure, or orders. Otherwise no party before the agency is entitled to engage in discovery unless discovery is authorized before the agency, the party moves to compel discovery, and the agency issues an order directing that the discovery be answered. The presiding officer shall provide a schedule for discovery in the order compelling discovery, but the order compelling and scheduling discovery need not conform to the timetables of the Idaho Rules of Civil Procedure. The agency or agency staff may conduct statutory inspection, examination, investigation, etc., at any time without filing a motion to compel discovery. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Discovery-Related Prehearing Procedures › Section 04.11.01.522 - RIGHTS TO DISCOVERY RECIPROCAL

Current through August 31, 2023
All parties to a proceeding have a right of discovery of all other parties to a proceeding as allowed by Rule  521  and the agency's authorizing statutes and rules. Rules  523  through  525,  527  and  528  set forth the scope of various forms of discovery when those forms of discovery are authorized before the agency, but do not create an independent right of discovery. The presiding officer may by order authorize or compel necessary discovery authorized by statute or rule. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Discovery-Related Prehearing Procedures › Section 04.11.01.523 - DEPOSITIONS

Current through August 31, 2023
Depositions may be taken in accordance with the Idaho Rules of Civil Procedure for any purpose allowed by statute, the Idaho Rules of Civil Procedure, or rule or order of the agency. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Discovery-Related Prehearing Procedures › Section 04.11.01.524 - PRODUCTION REQUESTS OR WRITTEN INTERROGATORIES AND REQUESTS FOR ADMISSION

Current through August 31, 2023
Production requests or written interrogatories and requests for admission may be submitted in accordance with the Idaho Rules of Civil Procedure for any purpose allowed by statute, the Idaho Rules of Civil Procedure, or rule or order of the agency. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Discovery-Related Prehearing Procedures › Section 04.11.01.525 - SUBPOENAS

Current through August 31, 2023
The agency may issue subpoenas as authorized by statute, upon a party's motion or upon its own initiative. The agency upon motion to quash made promptly, and in any event, before the time to comply with the subpoena, may quash the subpoena, or condition denial of the motion to quash upon reasonable terms. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Discovery-Related Prehearing Procedures › Section 04.11.01.526 - STATUTORY INSPECTION, EXAMINATION, INVESTIGATION, ETC. - CONTRASTED WITH OTHER DISCOVERY

Current through August 31, 2023
This rule recognizes, but does not enlarge or restrict, an agency's statutory right of inspection, examination (including mental or physical examination), investigation, etc. This statutory right of an agency is independent of and cumulative to any right of discovery in formal proceedings and may be exercised by the agency whether or not a person is party to a formal proceeding before the agency. Information obtained from statutory inspection, examination, investigation, etc., may be used in formal proceedings or for any other purpose, except as restricted by statute or rule. The rights of deposition, production request or written interrogatory, request for admission, and subpoena, can be used by parties only in connection with formal proceedings before the agency. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Discovery-Related Prehearing Procedures › Section 04.11.01.527 - ANSWERS TO PRODUCTION REQUESTS OR WRITTEN INTERROGATORIES AND TO REQUESTS FOR ADMISSION

Current through August 31, 2023
Answers to production requests or written interrogatories and to requests for admission shall be filed or served as provided by the order compelling discovery. Answers must conform to the requirements of the Idaho Rules of Civil Procedure. The order compelling discovery may provide that voluminous answers to requests need not be served so long as they are made available for inspection and copying under reasonable terms. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Discovery-Related Prehearing Procedures › Section 04.11.01.528 - FILING AND SERVICE OF DISCOVERY-RELATED DOCUMENTS

Current through August 31, 2023
Notices of deposition, cover letters stating that production requests, written interrogatories or requests for admission have been served, cover letters stating answers to production requests, written interrogatories, or requests for admission have been served or are available for inspection under Rule  527, and objections to discovery must be filed and served as provided in the order compelling discovery. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Discovery-Related Prehearing Procedures › Section 04.11.01.529 - EXHIBIT NUMBERS

Current through August 31, 2023
The agency assigns exhibit numbers to each party. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Discovery-Related Prehearing Procedures › Section 04.11.01.530 - PREPARED TESTIMONY AND EXHIBITS

Current through August 31, 2023
Order, notice or rule may require a party or parties to file before hearing and to serve on all other parties prepared expert testimony and exhibits to be presented at hearing. Assigned exhibits numbers should be used in all prepared testimony. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Discovery-Related Prehearing Procedures › Section 04.11.01.531 - SANCTIONS FOR FAILURE TO OBEY ORDER COMPELLING DISCOVERY

Current through August 31, 2023
The agency may impose all sanctions recognized by statute or rules for failure to comply with an order compelling discovery. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Discovery-Related Prehearing Procedures › Section 04.11.01.532 - PROTECTIVE ORDERS

Current through August 31, 2023
As authorized by statute or rule, the agency may issue protective orders limiting access to information generated during settlement negotiations, discovery, or hearing. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Hearings - Miscellaneous Procedure › Section 04.11.01.550 - NOTICE OF HEARING

Current through August 31, 2023
Notice of the place, date and hour of hearing will be served on all parties at least fourteen (14) days before the time set for hearing, unless the agency finds by order that it is necessary or appropriate that the hearing be held earlier. Notices must comply with the requirements of Rule  551. Notices must list the names of the parties (or the lead parties if the parties are too numerous to name), the case number or docket number, the names of the presiding officers who will hear the case, the name, address and telephone number of the person to whom inquires about scheduling, hearing facilities, etc., should be directed, and the names of persons with whom the documents, pleadings, etc., in the case should be filed if the presiding officer is not the person who should receive those documents. If no document previously issued by the agency has listed the legal authority of the agency to conduct the hearing, the notice of hearing must do so. The notice of hearing shall state that the hearing will be conducted under these rules of procedure and inform the parties where they may read or obtain a copy of the rules of procedure. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Hearings - Miscellaneous Procedure › Section 04.11.01.551 - FACILITIES AT OR FOR HEARING AND ADA REQUIREMENTS

Current through August 31, 2023
All hearings must be held in facilities meeting the accessibility requirements of the Americans with Disabilities Act, and all notices of hearing must inform the parties that the hearing will be conducted in facilities meeting the accessibility requirements of the Americans with Disabilities Act. All notices of hearing must inform the parties and other persons notified that if they require assistance of the kind that the agency is required to provide under the Americans with Disabilities Act (e.g., sign language interpreters, Braille copies of documents) in order to participate in or understand the hearing, the agency will supply that assistance upon request a reasonable number of days before the hearing. The notice of hearing shall explicitly state the number of days before the hearing that the request must be made. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Hearings - Miscellaneous Procedure › Section 04.11.01.552 - HOW HEARINGS HELD

Current through August 31, 2023
Hearings may be held in person or by telephone or 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. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Hearings - Miscellaneous Procedure › Section 04.11.01.553 - CONDUCT AT HEARINGS

Current through August 31, 2023
All persons attending a hearing must conduct themselves in a respectful manner. Smoking is not permitted at hearings. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Hearings - Miscellaneous Procedure › Section 04.11.01.554 - CONFERENCE AT HEARING

Current through August 31, 2023
In any proceeding the presiding officer may convene the parties before hearing or recess the hearing to discuss formulation or simplification of the issues, admissions of fact or identification of documents to avoid unnecessary proof, exchanges of documents, exhibits or prepared testimony, limitation of witnesses, establishment of order of procedure, and other matters that may expedite orderly conduct of the hearing. The presiding officer shall state the results of the conference on the record. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Hearings - Miscellaneous Procedure › Section 04.11.01.555 - PRELIMINARY PROCEDURE AT HEARING

Current through August 31, 2023
Before taking evidence the presiding officer will call the hearing to order, take appearances of parties, and act upon any pending motions or petitions. The presiding officer may allow opening statements as necessary or appropriate to explain a party's presentation. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Hearings - Miscellaneous Procedure › Section 04.11.01.556 - CONSOLIDATION OF PROCEEDINGS

Current through August 31, 2023
The agency may consolidate two (2) or more proceedings for hearing upon finding that they present issues that are related and that the rights of the parties will not be prejudiced. In consolidated hearings the presiding officer determines the order of the proceeding. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Hearings - Miscellaneous Procedure › Section 04.11.01.557 - STIPULATIONS

Current through August 31, 2023
Parties may stipulate among themselves to any fact at issue in a contested case by written statement filed with the presiding officer or presented at hearing or by oral statement at hearing. A stipulation binds all parties agreeing to it only according to its terms. The agency may regard a stipulation as evidence or may require proof by evidence of the facts stipulated. The agency is not bound to adopt a stipulation of the parties, but may do so. If the agency rejects a stipulation, it will do so before issuing a final order, and it will provide an additional opportunity for the parties to present evidence and arguments on the subject matter of the rejected stipulation. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Hearings - Miscellaneous Procedure › Section 04.11.01.558 - ORDER OF PROCEDURE

Current through August 31, 2023
The presiding officer may determine the order of presentation of witnesses and examination of witnesses. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Hearings - Miscellaneous Procedure › Section 04.11.01.559 - TESTIMONY UNDER OATH

Current through August 31, 2023
All testimony presented in formal hearings will be given under oath. Before testifying each witness must swear or affirm that the testimony the witness will give before the agency is the truth, the whole truth, and nothing but the truth. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Hearings - Miscellaneous Procedure › Section 04.11.01.560 - PARTIES AND PERSONS WITH SIMILAR INTERESTS

Current through August 31, 2023
If two (2) or more parties or persons have substantially like interests or positions, to expedite the proceeding and avoid duplication, the presiding officer may limit the number of them who testify, examine witnesses, or make and argue motions and objections. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Hearings - Miscellaneous Procedure › Section 04.11.01.561 - CONTINUANCE OF HEARING

Current through August 31, 2023
The presiding officer may continue proceedings for further hearing. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Hearings - Miscellaneous Procedure › Section 04.11.01.562 - RULINGS AT HEARINGS

Current through August 31, 2023
The presiding officer rules on motions and objections presented at hearing. When the presiding officer is a hearing officer, the presiding officer's rulings may be reviewed by the agency head in determining the matter on its merits and the presiding officer may refer or defer rulings to the agency head for determination. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Hearings - Miscellaneous Procedure › Section 04.11.01.563 - ORAL ARGUMENT

Current through August 31, 2023
The presiding officer may set and hear oral argument on any matter in the contested case on reasonable notice according to the circumstances. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Hearings - Miscellaneous Procedure › Section 04.11.01.564 - BRIEFS - MEMORANDA - PROPOSED ORDERS OF THE PARTIES - STATEMENTS OF POSITION - PROPOSED ORDER OF THE PRESIDING OFFICER

Current through August 31, 2023
In any contested case, any party may ask to file briefs, memoranda, proposed orders of the parties, or statements of position, and the presiding officer may request briefs, proposed orders of the parties, or statements of position. The presiding officer may issue a proposed order of the officer and ask the parties for comment upon the officer's proposed order. (3-31-22)