reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter C - CONTESTED CASE PARTICIPANTS › Parties › Section 62.01.01.207 - PERSONS NOT PARTIES - PUBLIC WITNESSES

Current through September 2, 2024
Persons not parties and not called by a party who may be permitted to 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 a presiding officer's determination of hearing procedure and admissibility of evidence, public witnesses have a right to offer evidence at hearing through written or oral statements and exhibits, except that public witnesses offering expert opinions at hearing or detailed analyses or detailed exhibits must comply with these rules and any order of the presiding officer regarding the prehearing disclosure of expert testimony.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter C - CONTESTED CASE PARTICIPANTS › Party Representatives › Section 62.01.01.225 - INITIAL PLEADING - LISTING OF, AND SERVICE UPON, REPRESENTATIVES

Current through September 2, 2024
The initial pleading of each party at the formal stage of a contested case must name the party's representative for service and state the representative's e-mail and mailing address for purposes of receipt of all official documents. Unless authorized by order of the agency, no more than two (2) representatives for service of documents may be listed in an initial pleading. Service of documents on the named representative is valid service upon the party for all purposes in that proceeding. If no person is explicitly named as the party's representative, the first person signing the pleading will be considered the party's representative.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter C - CONTESTED CASE PARTICIPANTS › Party Representatives › Section 62.01.01.226 - TAKING OF APPEARANCES - PARTICIPATION BY AGENCY STAFF - USE OF AGENCY REPORT OR RECOMMENDATION

Current through September 2, 2024
The presiding officer at a formal hearing or prehearing conference will take appearances to identify the representatives of all parties or other persons. In all proceedings in which the agency staff will participate, or any report or recommendation of the agency staff will be considered or used in reaching a decision, at the timely request of any party, the agency staff must appear at any hearing and be available for cross-examination and participate in the hearing in the same manner as a party.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter C - CONTESTED CASE PARTICIPANTS › Party Representatives › Section 62.01.01.227 - REPRESENTATION OF PARTIES

Current through September 2, 2024
Parties may be represented by an attorney throughout the proceedings in a contested case, by themselves, or by a person of their choice if not otherwise prohibited as the unauthorized practice of law. Persons appearing in contested case proceedings in a representative capacity must conform to the standards of professional conduct required of attorneys before the courts of Idaho. If any representative fails to conform to these standards, the presiding officer may exclude the person from the proceeding.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter C - CONTESTED CASE PARTICIPANTS › Party Representatives › Section 62.01.01.228 - ATTORNEY REPRESENTATIVES

Current through September 2, 2024
Attorneys representing a party in a contested case proceeding must have an active license to practice law in the state of Idaho. Attorneys not licensed in Idaho but who are licensed in one or more other states may request admission to the proceeding on a pro hac vice status by the presiding officer consistent with Idaho State Bar Commission Rule 227(i) "Agency Admission."
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter C - CONTESTED CASE PARTICIPANTS › Party Representatives › Section 62.01.01.229 - SUBSTITUTION OF REPRESENTATIVE

Current through September 2, 2024
A party's representative may be changed and a new representative may be substituted by notice to the presiding officer and to all other parties, which substitution will be liberally allowed so long as the proceedings are not unreasonably delayed. The presiding officer may permit substitution of representatives at the time of hearing solely in the presiding officer's discretion.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter C - CONTESTED CASE PARTICIPANTS › Party Representatives › Section 62.01.01.230 - WITHDRAWAL OF REPRESENTATIVE

Current through September 2, 2024
Persons representing a party who wish to withdraw their representation must immediately file in writing a notice of withdrawal of representation to the presiding officer and serve that notice on the party represented and all other parties. If a party's representative withdraws, the presiding officer may reset deadlines and/or the hearing as long as the proceedings are not unreasonably delayed.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter C - CONTESTED CASE PARTICIPANTS › Party Representatives › Section 62.01.01.231 - CONDUCT REQUIRED - SANCTIONS FOR MISCONDUCT

Current through September 2, 2024
Parties and their representatives are expected to conduct themselves in a civil and nondisruptive manner during contested case proceedings. Persons appearing in contested case proceedings in a representative capacity are further expected to conform to the standards of civility in professional conduct expected of attorneys before the courts of Idaho. The presiding officer may, in their discretion, reprimand or exclude from any hearing any person who disrupts the hearing or engages in improper conduct. For disruptive or improper conduct made in the course of a contested case proceeding outside of hearings, the presiding officer may take any action not inconsistent with these rules, the APA, and any other applicable statute or rule to maintain order during the course of a contested case proceeding and to ensure an expeditious, fair, and impartial proceeding.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter C - CONTESTED CASE PARTICIPANTS › Hearing Officers and Presiding Officers › Section 62.01.01.250 - APPOINTMENT OF HEARING OFFICERS

Current through September 2, 2024
A hearing officer is a presiding officer, other than the agency head, in a contested case proceeding. Subject to governing statutes and rules, a hearing officer may be appointed by an agency head.
01.
Office of Administrative Hearings
. Where required by statute or rule, or where an agency head otherwise requests a hearing officer as permitted by statute or rule, an agency head will refer a hearing officer appointment to the Office of Administrative Hearings. Upon receipt and acceptance of the referral, the Chief Administrative Hearing Officer or their designee shall appoint a hearing officer of their own selection by issuing a Notice of Appointment to all parties to the contested case proceeding.
02.
Other Hearing Officers
. Hearing officers not appointed through the Office of Administrative Hearings may be employees of the agency or independent contractors, and may (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.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter C - CONTESTED CASE PARTICIPANTS › Hearing Officers and Presiding Officers › Section 62.01.01.251 - DISQUALIFICATION

Current through September 2, 2024
01.
Petitions - Determination
. Upon any petition to disqualify a presiding officer, the presiding officer may request additional briefing or argument from any party to the contested case proceeding, or may otherwise immediately rule upon the petition on its face without additional briefing or argument.
02.
Voluntary Disqualification
. A presiding officer in a contested case may make a voluntary disqualification without stating any reason therefor.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter C - CONTESTED CASE PARTICIPANTS › Hearing Officers and Presiding Officers › Section 62.01.01.252 - SCOPE OF AUTHORITY OF PRESIDING OFFICERS

Current through September 2, 2024
01.
Standard Scope of Authority
. Unless otherwise limited by statute, rule, or in the appointment by the agency, presiding officers have the following standard scope of authority:
a. Authority to schedule cases assigned to the presiding officer, including authority to issue notices of prehearing conference and of hearing, as appropriate;
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;
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
d. Authority to issue a written decision of the presiding officer, including a narrative of the proceedings before the presiding officer and findings of fact, conclusions of law, and recommended or preliminary orders by the presiding officer.
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter C - CONTESTED CASE PARTICIPANTS › Hearing Officers and Presiding Officers › Section 62.01.01.253 - CHALLENGES TO STATUTES

Current through September 2, 2024
A presiding officer in a contested case has no authority to declare a statute unconstitutional.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter C - CONTESTED CASE PARTICIPANTS › Hearing Officers and Presiding Officers › Section 62.01.01.254 - CHALLENGES TO RULES

Current through September 2, 2024
An agency head, acting either as a presiding officer or in issuing a final 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. A presiding officer, other than an agency head, does not have the authority to consider and decide such issues except upon express written grant of authority by the agency head.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter C - CONTESTED CASE PARTICIPANTS › Hearing Officers and Presiding Officers › Section 62.01.01.255 - EX PARTE COMMUNICATIONS

Current through September 2, 2024
01.
Substantive Communications
. When a presiding officer receives or participates in an ex parte communication regarding any substantive issue from a party or party representative during a contested case, the presiding officer shall place a copy of the communication, or a detailed summary thereof, in the file for the case. Additionally, the copy or summary of the communication shall also be distributed to all parties of record. Upon request of any party or upon the presiding officer's own motion, the presiding officer shall permit either a hearing or written response by any party not involved in the communication, to allow those parties an opportunity to participate in the communication. Substantive communications are part of the agency record.
02.
Procedural Communications
. The presiding officer may communicate ex parte, orally or in writing, with a party concerning procedural matters (e.g., scheduling). When reasonably feasible, a written confirmation of such communication should be sent to all parties to the proceeding, with a copy placed in the file of the case. Procedural communications are not part of the agency record, except as ordered by the presiding officer in their discretion, either on their own motion or a motion by any party.
03.
Communications With The General Public
. Ex parte communications from members of the general public who are neither parties, interested persons, nor witnesses are not required to be reported by this rule. However, any communications with such persons shall be disclosed to all parties to the proceeding, in writing with a copy to the file, in the event that those persons become parties, interested persons, or witnesses to the proceeding. Hearing or written response shall be permitted in the same manner as with any other substantive ex parte communication.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter D - PLEADINGS AND MOTIONS › Pleadings › Section 62.01.01.300 - PLEADINGS - NAMING

Current through September 2, 2024
Except as otherwise named by statute, rule, or established agency practice, pleadings initiating contested cases may be called "petitions," "applications," "protests," or "complaints," and responding pleadings may be called "answers." Affidavits or declarations under penalty of perjury may be filed in support of any pleading. A party may adopt or join any other party's pleading.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter D - PLEADINGS AND MOTIONS › Pleadings › Section 62.01.01.301 - PLEADINGS - CONSTRUCTION

Current through September 2, 2024
Pleadings will be liberally construed, and defects that do not affect substantial rights of the parties will be disregarded. A statement in a pleading may be adopted by reference elsewhere in the same pleading or in any other pleading or motion. An exhibit to a pleading is a part of the pleading for all purposes.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter D - PLEADINGS AND MOTIONS › Pleadings › Section 62.01.01.302 - PLEADINGS - FORM AND CONTENTS

Current through September 2, 2024
01.
Form
. All pleadings, except those filed on agency forms, submitted by a party and intended to be part of an agency record must be in writing and be submitted as follows unless otherwise directed by the agency or presiding officer:
a. Caption. Pleadings must include the case caption, case number, and title of the document. Documents complying with this rule will be in the following form:
Name of Party/Representative
Mailing Address of Party/Representative
Street Address of Party/Representative (if different)
Telephone Number of Representative
E-mail Address of Representative
Attorney/Representative for [Name of Party] (if needed)
BEFORE THE [NAME OF AGENCY]
[Title of Proceeding]
CASE NO. [Case number assigned by agency]
[TITLE OF DOCUMENT]
b. Party Information. Pleadings must include, in the upper left corner of the first page, the name, mailing and street address, telephone number, and e-mail address of the person filing the document;
c. Formatting. Text should be double-spaced, but quotations more than two lines long may be indented and single-spaced. Headings and footnotes may be single-spaced. Margins should be at least one inch on all four sides.
d. Electronic filings. Pleadings filed electronically should be in a commonly-used format, such as in.PDF or.DOCX.
e. Paper filings. Pleadings filed in paper form should be on 8 12 by 11-inch paper, single-sided and numbered.
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter D - PLEADINGS AND MOTIONS › Pleadings › Section 62.01.01.303 - ANSWERS - SPECIFIC REQUIREMENTS

Current through September 2, 2024
01.
Time for filing
. An answer to a pleading initiating a contested case must be filed and served on all parties of record within twenty-one (21) days after service of the pleading, unless a different deadline is provided by order or notice.
02.
Content
. An answer must admit or deny each material allegation of the pleading initiating the contested case. Any material allegation not specifically admitted shall be considered denied. Matters alleged by cross-petition, cross-complaint, or affirmative defense must be separately stated and numbered.
03.
Motions in Lieu of Answer
. A motion filed in lieu of an answer in response to a pleading initiating a contested case, such as a motion to dismiss, strike, or for clarification, must be made within the time to answer. Any such motion suspends the party's obligation to file an answer until such time as the presiding officer directs that an answer be filed.
04.
Failure to File an Answer or Motion
. If a party fails to file an answer or a motion under this rule in response to a pleading, the presiding officer may issue a notice of default against the respondent pursuant to these rules.
05.
Motions Directed to the Answer
. A motion directed to an answer must be filed within fourteen (14) days after service of the answer.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter D - PLEADINGS AND MOTIONS › Pleadings › Section 62.01.01.304 - DEFECTIVE, INSUFFICIENT, OR LATE PLEADINGS

Current through September 2, 2024
Defective, insufficient, or late pleadings may be returned, dismissed, or rejected.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter D - PLEADINGS AND MOTIONS › Pleadings › Section 62.01.01.305 - AMENDMENTS TO PLEADINGS

Current through September 2, 2024
The presiding officer may allow any pleading to be amended or corrected, the allowance for which will be liberally granted.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter D - PLEADINGS AND MOTIONS › Motions › Section 62.01.01.325 - MOTIONS - DEFINED - FORM AND CONTENTS - TIME FOR FILING

Current through September 2, 2024
01.
Motions Defined
. All other requests for the presiding officer to take any other action in a contested case are called "motions."
02.
Form and Contents
. Motions should:
a. Be in writing, and comply with the same form requirements as pleadings;
b. Not exceed twenty-five (25) pages for dispositive motions, or ten (10) pages for any other motion, except as authorized by the presiding officer;
c. Fully state the facts upon which they are based;
d. Refer to the particular provision of statute, rule, order, notice, or other controlling law upon which they are based; and
e. Include any affidavits, declarations, exhibits, and attachments intended to support the motion, which do not count towards any page limitation, except as otherwise directed by the presiding officer; and
f. State the relief sought.
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter D - PLEADINGS AND MOTIONS › Motions › Section 62.01.01.326 - SPECIAL MOTIONS

Current through September 2, 2024
01.
Interlocutory Motions for Reconsideration
. Motions for reconsideration are permitted for any interlocutory order issued by a presiding officer, but any such motion for reconsideration must be filed within fourteen (14) days of the issuance of the order for which reconsideration is sought. The presiding officer may, in their discretion, rule upon a motion for reconsideration with or without additional briefing, and with or without conference.
02.
Motions for Permissive Appeal
. Motions for permissive appeal are permitted for any interlocutory order issued by a presiding officer, subject to the deadlines and procedure set forth in Idaho Appellate Rule 12, "Appeal By Permission."
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter D - PLEADINGS AND MOTIONS › Filing and Service of Pleadings and Motions › Section 62.01.01.350 - FILING -NUMBER OF COPIES - ELECTRONIC SUBMISSION - FACSIMILE MACHINE PROHIBITED

Current through September 2, 2024
An original and necessary copies (if any are required by the agency) of all documents intended to be part of an agency record must be filed with the presiding officer and any other person designated by the agency to receive filings in the case. If authorized by the presiding officer or the agency, e-mail or other electronic submission of documents will satisfy this requirement. No party shall be required to file, submit, or receive any documents via facsimile machine.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter D - PLEADINGS AND MOTIONS › Filing and Service of Pleadings and Motions › Section 62.01.01.351 - SERVICE BY PARTIES

Current through September 2, 2024
All documents submitted by a party and intended to be part of the agency record for decision must be served upon the representatives of each party of record concurrently with filing with the presiding officer and any other person designated by the agency to receive filings in the case. The presiding officer may direct that some or all of these documents be served on interested or affected persons who are not parties. The presiding officer may also direct the means of service the parties are to use during a contested case proceeding.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter D - PLEADINGS AND MOTIONS › Filing and Service of Pleadings and Motions › Section 62.01.01.352 - SERVICE BY AGENCY OR PRESIDING OFFICER

Current through September 2, 2024
01.
Service by the Agency
. Unless otherwise required by statute or rule, the officer designated by the agency to serve notices, summonses, complaints, or orders issued by the agency, that initiate or conclude a contested case proceeding, may serve these documents by regular mail, or by certified mail with return receipt requested, to a party's last known mailing address, or by personal service.
02.
Service by a Presiding Officer
. Unless otherwise required by statute or rule, if a party has appeared in a contested case, the presiding officer, in their discretion, may determine the governing means of service during the contested case proceeding. Service may be effectuated by personal service, regular mail, certified mail with return receipt requested, or e-mail. Where a party has appeared by e-mail, service by e-mail shall be the preferred means of service. When an item to be served is too large for e-mail, service may be made by other means, with e-mail notice to the party as to how the item is being served.
03.
Proof of Service
. Every notice and order that the agency or presiding officer serves in a contested case must be accompanied by proof of service stating the service date, each party or other person who was served, and the method of service. The agency or presiding officer may use a proof of service similar to those used by parties.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter D - PLEADINGS AND MOTIONS › Filing and Service of Pleadings and Motions › Section 62.01.01.353 - WHEN SERVICE COMPLETE

Current through September 2, 2024
Unless otherwise provided by statute, rule, order, or notice, service is complete when a copy is deposited in the United States mail, Statehouse mail, or with a third-party commercial overnight service; when personal service is made; or when there is an electronic verification that an e-mail has been sent.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter D - PLEADINGS AND MOTIONS › Filing and Service of Pleadings and Motions › Section 62.01.01.354 - PROOF OF SERVICE

Current through September 2, 2024
Every document that a party or interested person files and intends to be part of the agency record must be accompanied by proof of service by the following or similar certificate:
I HEREBY CERTIFY (swear or affirm) that I have on this______day of__________________________, served the foregoing (name(s) of document(s)) upon all parties of record in this proceeding, (by delivering a copy thereof in person: (list names)) (by mailing a copy thereof, properly addressed with postage prepaid, to: (list names and addresses)).
(by e-mail to: (list names and e-mail addresses))
(Signature)
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter E - PREHEARING MATTERS › Prehearing Conferences › Section 62.01.01.400 - PURPOSES OF THE SCHEDULING CONFERENCE

Current through September 2, 2024
The presiding officer may, by order or notice issued to all parties and to all interested persons, convene a scheduling conference in a contested case for the purposes of: identifying or simplifying the issues; identifying stipulations of fact or evidence to avoid unnecessary discovery; scheduling discovery when discovery is authorized before the agency, as well as identifying the allowed types of discovery and limitations thereon; arranging for the exchange of proposed exhibits and witness lists; discussing the potential for, or status of, ADR; scheduling of the prehearing conference, evidentiary hearing, and other hearings; establishing anticipated procedures at the evidentiary hearing and other hearings; determining the format and/or location of the evidentiary hearing; determining any transcription or additional recording request by any party; identifying facts and materials for which official notice may be had; resolving any accommodation requests, including, but not limited to, ADA or interpreter requests; and addressing other matters that may aid in the just, speedy, and inexpensive disposition of the proceeding.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter E - PREHEARING MATTERS › Prehearing Conferences › Section 62.01.01.401 - NOTICE OF SCHEDULING CONFERENCE

Current through September 2, 2024
Except where differently required by statute or rule, notice of the place, date, and hour of a scheduling conference should be served within seven (7) days of appointment of the presiding officer, and the scheduling conference should, when feasible, be held within fourteen (14) days of appointment of the presiding officer. The place, date, or hour of a scheduling conference may also be set or reset by agreement of the parties, subject to approval by the presiding officer, or by the presiding officer on their own initiative, if the presiding officer finds it necessary and appropriate.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter E - PREHEARING MATTERS › Prehearing Conferences › Section 62.01.01.402 - PURPOSES OF THE PREHEARING CONFERENCE

Current through September 2, 2024
Except where otherwise required by statute or rule, or where the presiding officer determines a prehearing conference is not necessary based upon the needs of the case, the presiding officer should convene a prehearing conference in a contested case no less than seven (7) days prior to the evidentiary hearing, except where the presiding officer determines that the needs of the case require otherwise. The purposes of the prehearing conference shall include: identifying or simplifying the issues; identifying stipulations of fact or evidence to avoid unnecessary proof; disposition of pending motions; confirming compliance with all prehearing deadlines; discussing the potential for, or status of, ADR; avoidance of unnecessary proof and of cumulative evidence; establishing procedures at the evidentiary hearing and other hearings; addressing proposed stipulations between the parties regarding any facts or evidence; and addressing other matters that may aid in the just, speedy, and inexpensive disposition of the proceeding.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter E - PREHEARING MATTERS › Prehearing Conferences › Section 62.01.01.403 - ORDERS RESULTING FROM CONFERENCES

Current through September 2, 2024
The presiding officer should issue a written order based upon the results of, agreements reached at, and rulings made at any scheduling or prehearing conference. Orders issued regarding the results of conferences will control the course of subsequent proceedings, unless modified by the presiding officer for good cause. Any such order issued shall be served upon all parties and to all interested persons to the proceeding.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter E - PREHEARING MATTERS › Prehearing Conferences › Section 62.01.01.404 - OTHER STATUS CONFERENCES BEFORE THE EVIDENTIARY HEARING

Current through September 2, 2024
Upon approved request by any party to the presiding officer or on the presiding officer's own initiative, a status conference may be set at any time prior to the evidentiary hearing to address any matter that may aid in the just, speedy, and inexpensive disposition of the proceeding.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter E - PREHEARING MATTERS › Prehearing Conferences › Section 62.01.01.405 - RECORD OF CONFERENCES

Current through September 2, 2024
Prehearing conferences must be held formally before the presiding officer. All other conferences may be held formally (on the record) or informally (off the record) before the presiding officer. Agreements by the parties may be put on the record during formal conferences, or may be reduced to writing and filed after the conference. The results of any informal conference, or any agreements reached therein, must be later put on the record, either verbally in subsequent conference or filed in writing, to be considered part of the agency record.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter E - PREHEARING MATTERS › Defaults › Section 62.01.01.425 - DEFAULT

Current through September 2, 2024
A presiding officer may enter a default order against any party pursuant to the provisions of Section  67-5242, Idaho Code.
01.
Procedure if No Petition to Vacate is Filed
. If no timely petition to vacate is filed by the party subject to a proposed default order, the presiding officer should issue or vacate the default no later than three (3) days after the expiration of the time within which the party could have filed the petition, or otherwise as promptly as possible, except where a shorter period is directed by law.
02.
Procedure Upon Filing of a Petition to Vacate
. Upon the timely filing of a petition to vacate by a party subject to a proposed default order, the presiding officer may request additional briefing from the parties, and may also set a conference for argument regarding the proposed default order. Whether additional briefing and/or argument is accepted, the presiding officer should issue or vacate the default no later than fourteen (14) days after the petition to vacate is filed, except where a shorter period is directed by law.
03.
Procedure After Default
. Upon the issuance of a default order, the presiding officer shall set a conference with the non-defaulting party to determine which remaining proceedings, if any, are still needed to complete the adjudication. Such conference should be held as soon as practicable after the issuance of the default order.
04.
Notices to Defaulting Party
. While the defaulting party shall not participate in any remaining proceedings, the presiding officer shall direct that all subsequent filings, including all orders issued in the contested case proceeding, continue to be served on the defaulting party by the most appropriate means, as determined by the presiding officer.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter E - PREHEARING MATTERS › Defaults › Section 62.01.01.426 - CONTINUANCE IN LIEU OF DEFAULT

Current through September 2, 2024
A presiding officer may, in the interest of due process and on their own motion, decline to issue a notice of a proposed default order, and instead make a reasonable continuance of the proceedings. If the same party subsequently fails to attend any stage of the continued proceedings, a notice of a proposed default order must be issued.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter E - PREHEARING MATTERS › Discovery › Section 62.01.01.450 - KINDS AND SCOPE OF DISCOVERY LISTED

Current through September 2, 2024
01.
Discovery, Generally
. Parties are encouraged to informally exchange information and documentation which will aid in the just, speedy, and inexpensive disposition of the proceeding. Except where prohibited by statute or rule, discovery may be conducted as agreed between the parties or where ordered by the presiding officer on their own initiative. The presiding officer may, in their discretion, limit any discovery on the grounds that it:
a. Does not appear relevant;
b. Appears unduly repetitious;
c. Violates any constitutional, statutory, or regulatory provisions;
d. Violates any privilege provided by statute or recognized by the courts of Idaho;
e. Appears to be made in bad faith;
f. Is not proportional to the needs of the proceeding; and/or
g. Otherwise exceeds the permitted scope of discovery as defined in these rules.
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter E - PREHEARING MATTERS › Discovery › Section 62.01.01.451 - WHEN DISCOVERY AUTHORIZATION NOT REQUIRED

Current through September 2, 2024
The agency or agency staff may conduct any inspection, examination, or investigation authorized by statute or rule at any time without making a discovery request or filing a motion to compel discovery. This rule recognizes, but does not enlarge or restrict, an agency's statutory and/or regulatory right of inspection, examination (including mental or physical examination), or investigation which is independent of, and cumulative to, any right of discovery in contested case proceedings, and may be exercised by the agency whether or not a person is party to a contested case proceeding before the agency. Information obtained from any such statutory or regulatory inspection, examination, or investigation may be used in any contested case proceeding or for any other purpose, except as restricted by statute or rule. The presiding officer may, by order and upon request by the agency, authorize or compel any such inspection, examination, or investigation authorized by statute or rule.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter E - PREHEARING MATTERS › Discovery › Section 62.01.01.452 - RIGHTS TO DISCOVERY RECIPROCAL

Current through September 2, 2024
Where permitted, all parties to a proceeding have a right of discovery of all other parties to a proceeding, subject to any limitations set by the presiding officer.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter E - PREHEARING MATTERS › Discovery › Section 62.01.01.453 - SUBPOENAS

Current through September 2, 2024
The presiding officer may issue subpoenas, as authorized by statute or rule, upon a party's motion or upon the presiding officer's own initiative. A subpoena may command the person to whom it is directed to appear to give testimony at an evidentiary hearing, any other hearing, or a deposition at a specified time and place. A subpoena that commands a person to produce or to permit inspection and copying of documents, electronically stored information or tangible things, or to permit inspection of premises, may be joined with a command to appear at an evidentiary hearing, any other hearing, or a deposition, or may be issued separately. Any party, or person upon whom the subpoena has been served, may move to quash a subpoena prior to the deadline for compliance with the subpoena.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter E - PREHEARING MATTERS › Discovery › Section 62.01.01.454 - FILING AND SERVICE OF DISCOVERY-RELATED DOCUMENTS

Current through September 2, 2024
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, and objections to discovery must be filed and served in the same fashion as other pleadings and motions in the proceeding.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter E - PREHEARING MATTERS › Discovery › Section 62.01.01.455 - PREPARED TESTIMONY AND EXHIBITS

Current through September 2, 2024
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 exhibit numbers should be used for all prepared testimony.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter E - PREHEARING MATTERS › Discovery › Section 62.01.01.456 - SANCTIONS FOR FAILURE TO OBEY ORDER COMPELLING DISCOVERY

Current through September 2, 2024
The presiding officer may impose all sanctions recognized by statute or rule, including the rules of civil procedure, for failure to comply with an order compelling discovery or a duly-issued subpoena.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter E - PREHEARING MATTERS › Discovery › Section 62.01.01.457 - PROTECTIVE ORDERS

Current through September 2, 2024
The presiding officer may issue protective orders recognized by statute or rule, including the rules of civil procedure, limiting access to information and documents.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter E - PREHEARING MATTERS › Evidence › Section 62.01.01.475 - RULES OF EVIDENCE

Current through September 2, 2024
Evidence is admissible, and excludable, as provided in Section  67-5251, Idaho Code. The presiding officer may exclude inadmissible evidence with or without motion. Evidence should be taken by the presiding officer to assist the parties' development of the record, not excluded to frustrate that development. The presiding officer at hearing is not bound by the Idaho Rules of Evidence, except as to rules governing evidentiary privileges, or where otherwise required by statute or rule.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter E - PREHEARING MATTERS › Evidence › Section 62.01.01.476 - EVALUATION OF EVIDENCE

Current through September 2, 2024
A presiding officer is entitled to weigh the quality of evidence presented, including the credibility of witnesses. While a presiding officer is not bound by the Idaho Rules of Evidence, except as provided in Rule 475, the presiding officer may assign less weight to evidence that would otherwise be inadmissible under the Idaho Rules of Evidence.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter E - PREHEARING MATTERS › Evidence › Section 62.01.01.477 - BURDEN OF PROOF

Current through September 2, 2024
Except as otherwise provided by statute, rule, regulation, or binding state or federal judicial decisional authority, the burden of proof is on the party requesting or challenging an agency action or order, or who is otherwise the proponent of an order or position. Absent an allegation of fraud, or a statute, rule, regulation, or binding state or federal judicial decisional authority requiring a higher standard, a preponderance of evidence standard applies.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter E - PREHEARING MATTERS › Evidence › Section 62.01.01.478 - HEARSAY

Current through September 2, 2024
The presiding officer may admit, weigh, and consider hearsay evidence. In evaluating hearsay, including hearsay which has been admitted without objection, the presiding officer should determine whether it is supported by circumstantial guarantees of trustworthiness, such as other corroborating evidence. A factual finding cannot be based solely on hearsay unless permitted by statute or where no objection has been made to the admission of the hearsay.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter E - PREHEARING MATTERS › Evidence › Section 62.01.01.479 - OFFICIAL NOTICE

Current through September 2, 2024
Official notice of facts may be taken as provided in Section  67-5251, Idaho Code. Any notice that official notice will be taken, or that official notice is requested, should be made in writing prior to any hearing in which the facts or material will be offered, and shall include either a copy of the facts or materials for which official notice may be taken, or citation to a readily-accessible source. If official notice of facts or materials is made at a hearing, for which official notice of such facts or materials had not been made prior to the hearing, the presiding officer may provide such recess or continuance sufficient to allow any party to contest and rebut the facts or material so noticed.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter E - PREHEARING MATTERS › Evidence › Section 62.01.01.480 - DEPOSITIONS AND PREPARED TESTIMONY

Current through September 2, 2024
Depositions and other prepared testimony, or parts thereof, may be offered into evidence and included in the record of hearing, with or without reading. Where only part of a deposition or prepared testimony is offered, a presiding officer may, upon motion or their own initiative, order that other parts of the deposition or prepared testimony be admitted.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter E - PREHEARING MATTERS › Evidence › Section 62.01.01.481 - OTHER WRITTEN EVIDENCE

Current through September 2, 2024
If a presiding officer determines that a part of the evidence in a contested case may be received in written form to expedite the case without substantially prejudicing the interests of any party, the presiding officer will allow any party to make objection thereto.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter E - PREHEARING MATTERS › Evidence › Section 62.01.01.482 - OBJECTIONS - OFFERS OF PROOF

Current through September 2, 2024
Grounds for objection to the admission or exclusion of evidence must be stated briefly at the time the evidence is offered. When a party objects to the admission of evidence, the presiding officer will rule on the objection, or may receive the evidence subject to later ruling. For exhibits offered at hearing, the presiding officer should determine whether any party objects to the admission of the exhibit. Exhibits to which no objection is made are deemed admitted into evidence without the need for any additional action by the offering party. Formal exceptions to rulings admitting or excluding evidence are unnecessary and need not be taken, but offers of proof regarding excluded evidence are permitted.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter E - PREHEARING MATTERS › Evidence › Section 62.01.01.483 - EXHIBITS

Current through September 2, 2024
Exhibit numbers may be assigned to the parties by the presiding officer before hearing. Except where permitted by the presiding officer to be presented in digital form, exhibits prepared for hearing should ordinarily be printed on eight and one-half inch (8 1/2") by eleven inch (11") white paper, except maps, charts, photographs, and non-documentary exhibits may be introduced on the size or kind of paper customarily used for them. A copy of each documentary exhibit must be furnished to each party present and to the presiding officer, except for unusually bulky or voluminous exhibits that have previously been made available for the parties' inspection. Neither motion pictures, slides, opaque projections, videotapes, audiotapes, nor other materials not capable of duplication by still photograph or reproduction on paper shall be presented as exhibits without advance approval of the presiding officer.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter E - PREHEARING MATTERS › Evidence › Section 62.01.01.484 - POLYGRAPHS

Current through September 2, 2024
Except where required by statute or rule, results of polygraph examinations, and expert or lay opinion testimony based thereon, are not admissible unless all parties stipulate to admissibility.
Effective July 1, 2024