reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter W - AUTOMOBILE ADVERTISING AND SALES › Section 04.02.01.235 - CREDIT SALES ADVERTISING

Current through August 31, 2023
It is an unfair and deceptive act or practice for a dealer to: (3-31-22)
01.
Disclosure Requirements
. Fail to clearly and conspicuously disclose in connection therewith that the advertised credit terms are available "On Approved Credit," or the abbreviation, "OAC." In advertising credit terms, a dealer shall also comply with either CPR 235.01.a. or CPR 235.01.b. below: (3-31-22)
a. Credit terms advertised by a dealer shall be calculated on the basis of the total retail price of the advertised motor vehicle (which, for purposes of calculating credit terms must include any applicable dealer documentation service fee, as defined herein) plus taxes, license, and title fees, from which may be subtracted out only the amount of the advertised down payment; or (3-31-22)
b. The credit terms advertised by a dealer may be calculated exclusive of taxes, license, and title fees and the dealer's documentation service fee so long as the following statement (or a statement of similar meaning) is clearly and conspicuously disclosed in connection with the credit sale advertisement: "DOES NOT INCLUDE TAXES, TITLE, LICENSE FEES OR $______DEALER DOC FEE" (insert actual amount charged for dealer documentation service fee). (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter W - AUTOMOBILE ADVERTISING AND SALES › Section 04.02.01.236 - TRUTH IN LEASING ADVERTISING

Current through August 31, 2023
It is an unfair and deceptive act or practice for a dealer to fail to comply with the disclosure requirements of the consumer leasing portions of the federal Truth in Lending Act (  15 U.S.C. Section 1667  et seq.) and Regulation M promulgated by the Board of Governors of the Federal Reserve System (  12 C.F.R. Section 213  ). Truth in Leasing disclosures must be clear and conspicuous. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter W - AUTOMOBILE ADVERTISING AND SALES › Section 04.02.01.237 - MOTOR VEHICLE SUBJECT-TO-FINANCING CONTRACTS

Current through August 31, 2023
01.
Required Contract Disclosure
. Unless specifically exempted in CPR 237.06, every subject-to-financing contract for the purchase of a motor vehicle in Idaho shall include the following disclosure in ten (10) point bold face type or a size at least three (3) points larger than the smallest type appearing in the contract or form:
YOU AND THE DEALER HAVE AGREED THAT THE MOTOR VEHICLE WILL BE DELIVERED TO YOU PRIOR TO THE PURCHASE. IF FINANCING CANNOT BE ARRANGED ON THE TERMS AND WITHIN THE TIME PERIOD AGREED UPON IN THE MOTOR VEHICLE PURCHASE CONTRACT, THE CONTRACT IS NULL AND VOID. (3-31-22)
02.
Other Contractual Provisions
. Nothing in CPR 237 is intended to prevent language from being included in a motor vehicle purchase contract specifying the responsibilities of the parties thereto in the event the contract becomes null and void pursuant to CPR 237. (3-31-22)
03.
Trade-In Motor Vehicles
. If a motor vehicle purchase contract has become null and void pursuant to CPR 237, the dealer must return the consumer's trade-in vehicle, if any, together with its title, if previously provided to the dealer, upon the consumer's return of the motor vehicle to the dealer. If the trade-in vehicle is not available, the dealer shall give the consumer the trade-in allowance within one business day. (3-31-22)
04.
Subsequent Agreement
. Nothing in CPR 237 is intended to prevent the parties to a motor vehicle purchase agreement from entering into a subsequent agreement for the purchase of the motor vehicle on different terms and conditions. (3-31-22)
05.
Consumer's Copy
. A copy of the disclosure specified in CPR 237.01 must be given to the consumer at the time the contract is signed. (3-31-22)
06.
Exceptions
. CPR 237 does not apply to sales transactions in which a dealer purchases a motor vehicle for resale. (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 A - GENERAL PROVISIONS › Section 04.11.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
This chapter is adopted under the legal authority of Section  67-5206(1), 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 A - GENERAL PROVISIONS › Section 04.11.01.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. This chapter is titled "Idaho Rules of Administrative Procedure of the Attorney General." (3-31-22)
02.
Scope
. Every state agency that conducts rulemaking or hears contested cases must adopt individual rules of procedure as required by this chapter. Further every state agency will be considered to have adopted the procedural rules of this chapter unless the state agency by rule affirmatively declines to adopt this chapter, in whole or in part. (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 A - GENERAL PROVISIONS › Section 04.11.01.002 - WRITTEN INTERPRETATIONS - AGENCY GUIDELINES

Current through August 31, 2023
Written interpretations to these rules in the form of explanatory comments accompanying the notice of proposed rulemaking that originally proposed the rules and review of comments submitted in the rulemaking in the adoption of these rules are available from the Office of the Attorney General, Statehouse, Boise, Idaho 83720. (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 A - GENERAL PROVISIONS › Section 04.11.01.003 - ADMINISTRATIVE APPEAL

Current through August 31, 2023
There is no provision for administrative appeals before the Attorney General under this chapter. This chapter governs administrative appeals before and within agencies that do not by rule opt out of some or all of this chapter. (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 A - GENERAL PROVISIONS › Section 04.11.01.004 - PUBLIC RECORDS ACT COMPLIANCE

Current through August 31, 2023
All rules required to be adopted by this chapter are public records. (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 A - GENERAL PROVISIONS › Section 04.11.01.005 - DEFINITIONS

Current through August 31, 2023
As used in this chapter: (3-31-22)
01.
Administrative Code
. The Idaho Administrative Code established in Chapter 52, Title 67, Idaho Code. (3-31-22)
02.
Agency
. Each state board, commission, department or officer authorized by law to make rules or to determine contested cases, but does not include the legislative or judicial branches, executive officers listed in Section  1, article IV, of the constitution of the state of Idaho in the exercise of powers derived directly and exclusively from the constitution, the state militia or the state board of correction. (3-31-22)
03.
Agency Action
. Agency action means: (3-31-22)
a. The whole or part of a rule or order; (3-31-22)
b. The failure to issue a rule or order; or (3-31-22)
c. An agency's performance of, or failure to perform, any duty placed on it by law. (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 A - GENERAL PROVISIONS › Section 04.11.01.006 - FILING OF DOCUMENTS - NUMBER OF COPIES

Current through August 31, 2023
Each agency must individually adopt a rule of procedure that lists the officer or officers with whom all documents in rulemakings or contested cases must be filed. This rule may require all filings to be made with one (1) officer, for example the agency director or the agency secretary, or may generally provide that all documents in a given rulemaking or contested case will be filed with an officer designated for the specific rulemaking or contested case. The rule must state whether copies in addition to the original must be filed with 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 A - GENERAL PROVISIONS › Section 04.11.01.050 - PROCEEDINGS GOVERNED

Current through August 31, 2023
Rules  100  through  799  govern procedure before agencies in contested cases, unless otherwise provided by rule, notice or order of the agency. Rules  800  through  860  govern procedure before agencies in rulemaking, unless otherwise provided by rule or notice of the agency. Every state agency that hears contested cases (except the Industrial Commission and the Public Utilities Commission) must use the procedures for contested cases adopted in these rules unless the state agency by rule affirmatively declines to adopt this chapter, in whole or in part. Every state agency that conducts rulemaking must use the procedures for rulemaking adopted in this chapter unless the state agency by rule affirmatively declines to adopt this chapter, in whole or in part. (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 A - GENERAL PROVISIONS › Section 04.11.01.051 - REFERENCE TO AGENCY

Current through August 31, 2023
Reference to the agency in these rules includes the agency director, board or commission, agency secretary, hearing officer appointed by the agency, or presiding officer, as context requires. Reference to the agency head means to the agency director, board or commission, as context requires, or such other officer designated by the agency head to review recommended or preliminary orders. (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 A - GENERAL PROVISIONS › Section 04.11.01.052 - LIBERAL CONSTRUCTION

Current through August 31, 2023
The rules in this chapter will be liberally construed to secure just, speedy and economical determination of all issues presented to the agency. Unless prohibited by statute, the agency may permit deviation from these rules when it finds that compliance with them is impracticable, unnecessary or not in the public interest. Unless required by statute, the Idaho Rules of Civil Procedure and the Idaho Rules of Evidence do not apply to contested case proceedings conducted 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 A - GENERAL PROVISIONS › Section 04.11.01.053 - COMMUNICATIONS WITH AGENCY

Current through August 31, 2023
All written communications and documents that are intended to be part of an official record for a decision in a contested case must be filed with the officer designated by the agency. Unless otherwise provided by statute, rule, order or notice, documents are considered filed when received by the officer designated to receive them, not when mailed or otherwise transmitted. (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 A - GENERAL PROVISIONS › Section 04.11.01.054 - IDENTIFICATION OF COMMUNICATIONS

Current through August 31, 2023
Parties' communications addressing or pertaining to a given proceeding should be written under that proceeding's case caption and case number. General communications by other persons should refer to case captions, case numbers, permit or license numbers, or the like, if this information is known. (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 A - GENERAL PROVISIONS › Section 04.11.01.055 - SERVICE BY AGENCY

Current through August 31, 2023
01.
Personal Service and Service by Mail
. Unless otherwise provided by statute or these rules or the agency's rules, the officer designated by the agency to serve rules, notices, summonses, complaints, or orders issued by the agency may serve these documents by regular mail, or by certified mail, return receipt requested, to a party's last known mailing address or by personal service. (3-31-22)
02.
Electronic Service
. If a party has appeared in a contested case or has not yet appeared but has consented or agreed in writing to service by facsimile transmission (FAX) or e-mail as an alternative to personal service or service by mail, and if authorized by statute, agency rule, notice or order, the officer designated to serve notices and orders in a contested case may serve those notices and orders by FAX or by e-mail in lieu of service by mail or personal service. (3-31-22)
03.
When Service Complete
. Unless otherwise provided by statute, these rules, order or notice, service of orders and notices is complete when a copy, properly addressed and stamped, is deposited in the United States mail or the Statehouse mail, if the party is a State employee or State agency, or when there is an electronic verification that a facsimile transmission or an e-mail has been sent. (3-31-22)
04.
Persons Served
. The officer designated by the agency to serve documents in a proceeding must serve all orders and notices in a proceeding on the representatives of each party designated pursuant to these rules for that proceeding and upon other persons designated by these rules or by the agency. (3-31-22)
05.
Proof of Service
. Every notice and order that the agency serves in a contested case must be accompanied by a proof of service stating the service date, each party or other person who was served, and the method of service. The agency may use a proof of service similar to those used by parties. See Rule  303. (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 A - GENERAL PROVISIONS › Section 04.11.01.056 - COMPUTATION OF TIME

Current through August 31, 2023
Whenever statute, these or other rules, order, or notice requires an act to be done within a certain number of days of a given day, the given day is not included in the count, but the last day of the period so computed is included in the count. If the day the act must be done is Saturday, Sunday or a legal holiday, the act may be done on the first day following that is not a Saturday, Sunday or a legal holiday. (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 A - GENERAL PROVISIONS › Section 04.11.01.057 - FEES AND REMITTANCES

Current through August 31, 2023
Fees and remittances to the agency must be paid by money order, bank draft or check payable to agency. Remittances in currency or coin are wholly at the risk of the remitter, and the agency assumes no responsibility for their loss. (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 › Definitions and General Provisions › Informal and Formal Proceedings › Section 04.11.01.100 - INFORMAL PROCEEDINGS DEFINED

Current through August 31, 2023
Informal proceedings are proceedings in contested cases authorized by statute, rule or order of the agency to be conducted using informal procedures, i.e., procedures without a record to be preserved for later agency or judicial review, without the necessity of representation according to Rule  202, without formal designation of parties, without the necessity of hearing examiners or other presiding officers, or without other formal procedures required by these rules for formal proceedings. Unless prohibited by statute, an agency may provide that informal proceedings may precede formal proceedings in the consideration of a rulemaking or a contested case. (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 › Definitions and General Provisions › Informal and Formal Proceedings › Section 04.11.01.101 - INFORMAL PROCEDURE

Current through August 31, 2023
Statute authorizes and these rules encourage the use informal proceedings to settle or determine contested cases. Unless prohibited by statute, the agency may provide for the use of informal procedure at any stage of a contested case. Informal procedure may include individual contacts by or with the agency staff asking for information, advice or assistance from the agency staff, or proposing informal resolution of formal disputes under the law administered by the agency. Informal procedures may be conducted in writing, by telephone or television, or in person. (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 › Definitions and General Provisions › Informal and Formal Proceedings › Section 04.11.01.102 - FURTHER PROCEEDINGS

Current through August 31, 2023
If statute provides that informal procedures shall be followed with no opportunity for further formal administrative review, then no opportunity for later formal administrative proceedings must be offered following informal proceedings. Otherwise, except as provided in Rule  103, any person participating in an informal proceeding must be given an opportunity for a later formal administrative proceeding before the agency, at which time the parties may fully develop the record 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 › Definitions and General Provisions › Informal and Formal Proceedings › Section 04.11.01.103 - INFORMAL PROCEEDINGS DO NOT EXHAUST ADMINISTRATIVE REMEDIES

Current through August 31, 2023
Unless all parties agree to the contrary in writing, informal proceedings do not substitute for formal proceedings and do not exhaust administrative remedies, and informal proceeding are conducted without prejudice to the right of the parties to present the matter formally to the agency. Settlement offers made in the course of informal proceedings are confidential and shall not be included in the agency record of a later formal 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 › Definitions and General Provisions › Informal and Formal Proceedings › Section 04.11.01.104 - FORMAL PROCEEDINGS

Current through August 31, 2023
Formal proceedings, which are governed by rules of procedure other than Rules  100  through  103, must be initiated by a document (generally a notice, order or complaint if initiated by the agency) or another pleading listed in Rules  210  through  280  if initiated by another person. Formal proceedings may be initiated by a document from the agency informing the party(ies) that the agency has reached an informal determination that will become final in the absence of further action by the person to whom the correspondence is addressed, provided that the document complies with the requirements of Rules  210  through  280. Formal proceedings can be initiated by the same document that initiates informal proceedings. (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 › Definitions and General Provisions › Informal and Formal Proceedings › Section 04.11.01.150 - PARTIES TO CONTESTED CASES LISTED

Current through August 31, 2023
Parties to contested cases before the agency are called applicants or claimants or appellants, petitioners, complainants, respondents, protestants, or intervenors. On reconsideration or appeal within the agency parties are called by their original titles listed in the previous sentence. (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 › Definitions and General Provisions › Informal and Formal Proceedings › Section 04.11.01.151 - APPLICANTS/CLAIMANTS/APPELLANTS

Current through August 31, 2023
Persons who seek any right, license, award or authority from the agency are called "applicants" or "claimants" or "appellants." (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 › Definitions and General Provisions › Informal and Formal Proceedings › Section 04.11.01.152 - PETITIONERS

Current through August 31, 2023
Persons not applicants who seek to modify, amend or stay existing orders or rules of the agency, to clarify their rights or obligations under law administered by the agency, to ask the agency to initiate a contested case (other than an application or complaint), or to otherwise take action that will result in the issuance of an order or rule, are called "petitioners." (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 › Definitions and General Provisions › Informal and Formal Proceedings › Section 04.11.01.153 - COMPLAINANTS

Current through August 31, 2023
Persons who charge other person(s) with any act or omission are called "complainants." In any proceeding in which the agency itself charges a person with an act or omission, the agency is called "complainant." (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 › Definitions and General Provisions › Informal and Formal Proceedings › Section 04.11.01.154 - RESPONDENTS

Current through August 31, 2023
Persons against whom complaints are filed or about whom investigations are initiated are called "respondents." (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 › Definitions and General Provisions › Informal and Formal Proceedings › Section 04.11.01.155 - PROTESTANTS

Current through August 31, 2023
Persons who oppose an application or claim or appeal and who have a statutory right to contest the right, license, award or authority sought by an applicant or claimant or appellant are called "protestants." (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 › Definitions and General Provisions › Informal and Formal Proceedings › Section 04.11.01.156 - INTERVENORS

Current through August 31, 2023
Persons, not applicants or claimants or appellants, complainants, respondents, or protestants to a proceeding, who are permitted to participate as parties pursuant to Rules  350  through  354  are called "intervenors." (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 › Definitions and General Provisions › Informal and Formal Proceedings › Section 04.11.01.157 - RIGHTS OF PARTIES AND OF AGENCY STAFF

Current through August 31, 2023
Subject to Rules  558,  560, and  600, all parties and agency staff may appear at hearing or argument, introduce evidence, examine witnesses, make and argue motions, state positions, and otherwise fully participate in hearings or arguments. (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 › Definitions and General Provisions › Informal and Formal Proceedings › Section 04.11.01.158 - PERSONS DEFINED - PERSONS NOT PARTIES - INTERESTED PERSONS

Current through August 31, 2023
The term "person" includes natural persons, partnerships, corporations, associations, municipalities, government entities and subdivisions, and any other entity authorized by law to participate in the administrative proceeding. Persons other than the persons named in Rules  151  through  156  are not parties for the purpose of any statute or rule addressing rights or obligations of parties to a contested case. In kinds of proceedings in which persons other than the applicant or claimant or appellant, petitioner, complainant, or respondent would be expected to have an interest, persons may request the agency in writing that they be notified when proceedings of that kind are initiated. These persons are called "Interested Persons." Interested persons may become protestants, intervenors or public witnesses. The agency must serve notice of such proceedings on all interested persons. (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 › Representatives of Parties › Section 04.11.01.200 - INITIAL PLEADING BY PARTY - LISTING OF REPRESENTATIVES

Current through August 31, 2023
The initial pleading of each party at the formal stage of a contested case (be it an application or claim or appeal, petition, complaint, protest, motion, or answer) must name the party's representative(s) for service and state the representative's(s') address(es) 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(s) 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. (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 › Representatives of Parties › Section 04.11.01.201 - TAKING OF APPEARANCES - PARTICIPATION BY AGENCY STAFF

Current through August 31, 2023
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 (other than a recommended order or preliminary order prepared by a hearing officer) 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. (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 › Representatives of Parties › Section 04.11.01.202 - REPRESENTATION OF PARTIES AT HEARING

Current through August 31, 2023
01.
Appearances and Representation
. To the extent authorized or required by law, appearances and representation of parties or other persons at formal hearing or prehearing conference must be as follows: (3-31-22)
a. Natural Person. A natural person may represent himself or herself or be represented by a duly authorized employee, attorney, family member or next friend. (3-31-22)
b. A partnership may be represented by a partner, duly authorized employee, or attorney. (3-31-22)
c. A corporation may be represented by an officer, duly authorized employee, or attorney. (3-31-22)
d. A municipal corporation, local government agency, unincorporated association or nonprofit organization may be represented by an officer, duly authorized employee, or attorney. (3-31-22)
e. A state, federal or tribal governmental entity or agency may be represented by an officer, duly authorized employee, or attorney. (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 › Representatives of Parties › Section 04.11.01.203 - SERVICE ON REPRESENTATIVES OF PARTIES AND OTHER PERSONS

Current through August 31, 2023
From the time a party files its initial pleading in a contested case, that party must serve and all other parties must serve all future documents intended to be part of the agency record upon all other parties' representatives designated pursuant to Rule  200, unless otherwise directed by order or notice or by the presiding officer on the record. The presiding officer may order parties to serve past documents filed in the case upon those representatives. The presiding officer may order parties to serve past or future documents filed in the case upon persons not parties to the 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 › Representatives of Parties › Section 04.11.01.204 - WITHDRAWAL OF PARTIES

Current through August 31, 2023
Any party may withdraw from a proceeding in writing or at 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 › Representatives of Parties › Section 04.11.01.205 - SUBSTITUTION OF REPRESENTATIVE - WITHDRAWAL OF REPRESENTATIVE

Current through August 31, 2023
A party's representative may be changed and a new representative may be substituted by notice to the agency and to all other parties so long as the proceedings are not unreasonably delayed. The presiding officer at hearing may permit substitution of representatives at hearing in the presiding officer's discretion. Persons representing a party who wish to withdraw their representation of a party in a proceeding before the agency must immediately file in writing a notice of withdrawal of representation and serve that notice on the party represented and all other 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 › Representatives of Parties › Section 04.11.01.206 - CONDUCT REQUIRED

Current through August 31, 2023
Representatives of parties and parties appearing in a proceeding must conduct themselves in an ethical and courteous manner. (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 › Pleadings - In General › Section 04.11.01.210 - PLEADINGS LISTED - MISCELLANEOUS

Current through August 31, 2023
Pleadings in contested cases are called applications or claims or appeals, petitions, complaints, protests, motions, answers, and consent agreements. Affidavits or declarations under penalty of perjury may be filed in support of any pleading. A party's initial pleading in any proceeding must comply with Rule  200, but the presiding officer may allow documents filed during informal stages of the proceeding to be considered a party's initial pleading without the requirement of resubmission to comply with this rule. All pleadings filed during the formal stage of a proceeding must be filed in accordance with Rules  300  through  303. A party may adopt or join any other party's pleading. Two (2) or more separately stated grounds, claims or answers concerning the same subject matter may be included in one (1) pleading. (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 › Pleadings - In General › Section 04.11.01.220 - APPLICATIONS/CLAIMS/APPEALS - DEFINED - FORM AND CONTENTS

Current through August 31, 2023
01.
Applications/Claims/Appeals Defined
. All pleadings requesting a right, license, award or authority from the agency are called "applications" or "claims" or "appeals." (3-31-22)
02.
Form and Content
. Applications or claims or appeals should: (3-31-22)
a. Fully state the facts upon which they are based; (3-31-22)
b. Refer to the particular provisions of statute, rule, order, or other controlling law upon which they are based; and (3-31-22)
c. State the right, license, award, or authority sought. (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 › Pleadings - In General › Section 04.11.01.230 - PETITIONS - DEFINED - FORM AND CONTENTS

Current through August 31, 2023
01.
Petitions Defined
. All pleadings requesting the following are called "petitions." (3-31-22)
a. Modification, amendment or stay of existing orders or rules; (3-31-22)
b. Clarification, declaration or construction of the law administered by the agency or of a party's rights or obligations under law administered by the agency; (3-31-22)
c. The initiation of a contested case not an application, claim or complaint or otherwise taking action that will lead to the issuance of an order or a rule; (3-31-22)
d. Reconsideration; or (3-31-22)
e. Intervention. (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 › Pleadings - In General › Section 04.11.01.240 - COMPLAINTS - DEFINED - FORM AND CONTENTS

Current through August 31, 2023
01.
Complaints Defined
. All pleadings charging other person(s) with acts or omissions under law administered by the agency are called "complaints." (3-31-22)
02.
Form and Contents
. Complaints must: (3-31-22)
a. Be in writing; (3-31-22)
b. Fully state the acts or things done or omitted to be done by the persons complained against by reciting the facts constituting the acts or omissions and the dates when they occurred; (3-31-22)
c. Refer to statutes, rules, orders or other controlling law involved; (3-31-22)
d. State the relief desired; (3-31-22)
e. State the name of the person complained against (the respondent). (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 › Pleadings - In General › Section 04.11.01.250 - PROTESTS - DEFINED - FORM AND CONTENTS

Current through August 31, 2023
01.
Protests Defined
. All pleadings opposing an application or claim or appeal as a matter of right are called "protests." (3-31-22)
02.
Form and Contents
. Protests should: (3-31-22)
a. Fully state the facts upon which they are based, including the protestant's claim of right to oppose the application or claim; (3-31-22)
b. Refer to the particular provisions of statute, rule, order or other controlling law upon which they are based; and (3-31-22)
c. State any proposed limitation (or the denial) of any right, license, award or authority sought in the application. (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 › Pleadings - In General › Section 04.11.01.260 - MOTIONS - DEFINED - FORM AND CONTENTS - TIME FOR FILING

Current through August 31, 2023
01.
Motions Defined
. All other pleadings requesting the agency to take any other action in a contested case, except consent agreements or pleadings specifically answering other pleadings, are called "motions." (3-31-22)
02.
Form and Contents
. Motions should: (3-31-22)
a. Fully state the facts upon they are based; (3-31-22)
b. Refer to the particular provision of statute, rule, order, notice, or other controlling law upon which they are based; and (3-31-22)
c. State the relief sought. (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 › Pleadings - In General › Section 04.11.01.270 - ANSWERS - DEFINED - FORM AND CONTENTS - TIME FOR FILING

Current through August 31, 2023
All pleadings responding to the allegations or requests of applications or claims or appeals, complaints, petitions, protests, or motions are called "answers." (3-31-22)
01.
Answers to Pleadings Other Than Motions
. Answers to applications, claims, or appeals, complaints, petitions, or protests must be filed and served on all parties of record within twenty-one (21) days after service of the pleading being answered, unless order or notice modifies the time within which answer may be made, or a motion to dismiss is made within twenty-one (21) days. When an answer is not timely filed under this rule, the presiding officer may issue a notice of default against the respondent pursuant to Rule  700. Answers to applications or claims or appeals, complaints, petitions, or protests must admit or deny each material allegation of the application or claim or appeal, complaint, petition or protest. Any material allegation not specifically admitted shall be considered to be denied. Matters alleged by cross-complaint or affirmative defense must be separately stated and numbered. (3-31-22)
02.
Answers to Motions
. Answers to motions may be filed by persons or parties who are the object of a motion or by parties opposing a motion. The person or party answering the motion must do so with all deliberate and reasonable speed. In no event is a party entitled to more than fourteen (14) days to answer a motion or to move for additional time to answer. The presiding officer may act upon a prehearing motion under Rule  565. (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 › Pleadings - In General › Section 04.11.01.280 - CONSENT AGREEMENTS - DEFINED: FORM AND CONTENTS

Current through August 31, 2023
01.
Consent Agreements Defined
. Agreements between the agency or agency staff and another person(s) in which one (1) or more person(s) agree to engage in certain conduct mandated by statute, rule, order, case decision, or other provision of law, or to refrain from engaging in certain conduct prohibited by statute, rule, order, case decision, or other provision of law, are called "consent agreements." Consent agreements are intended to require compliance with existing law. (3-31-22)
02.
Requirements
. Consent agreements must: (3-31-22)
a. Recite the parties to the agreement; and (3-31-22)
b. Fully state the conduct proscribed or prescribed by 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 › Pleadings - In General › Section 04.11.01.300 - FILING DOCUMENTS WITH THE AGENCY - NUMBER OF COPIES - FACSIMILE TRANSMISSION (FAX)

Current through August 31, 2023
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 officer designated by the agency to receive filing in the case. Pleadings and other documents not exceeding ten (10) pages in length requiring urgent or immediate action may be filed by facsimile transmission (FAX) if the agency's individual rule of practice lists a FAX number for that agency. Whenever any document is filed by FAX, if possible, originals must be delivered by overnight mail the next working day. (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 › Pleadings - In General › Section 04.11.01.301 - FORM OF PLEADINGS

Current through August 31, 2023
01.
Form
. All pleadings, except those filed on agency forms, submitted by a party and intended to be part of an agency record must: (3-31-22)
a. Be submitted on white eight and one-half inch (8 1/2") by eleven inch (11") paper copied on one (1) side only; (3-31-22)
b. State the case caption, case number and title of the document; (3-31-22)
c. Include on the upper left corner of the first page the name(s), mailing and street address(es), and telephone and FAX number(s) of the person(s) filing the document or the person(s) to whom questions about the document can be directed; and (3-31-22)
d. Have at least one inch (1") left and top margins. (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 › Pleadings - In General › Section 04.11.01.302 - SERVICE ON PARTIES AND OTHER PERSONS

Current through August 31, 2023
All documents intended to be part of the agency record for decision must be served upon the representatives of each party of record concurrently with the original filing with the officer designated by the agency to receive filings in the case. When a document has been filed by FAX, it must be served upon all other parties with FAX facilities by FAX and upon the remaining parties by overnight mail, hand delivery, or the next best available service if these services are not available. The presiding officer may direct that some or all of these documents be served on interested or affected persons who are not 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 › Pleadings - In General › Section 04.11.01.303 - PROOF OF SERVICE

Current through August 31, 2023
Every document that a party or interested persons files with and intends to be part of the agency record must be attached to or accompanied by proof of service by the following or similar certificate:
I HEREBY CERTIFY (swear or affirm) that I have 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 facsimile transmission to: (list names and FAX numbers))
(by e-mail to: (list names and e-mail addresses)).
(Signature) (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 › Pleadings - In General › Section 04.11.01.304 - DEFECTIVE, INSUFFICIENT OR LATE PLEADINGS

Current through August 31, 2023
Defective, insufficient or late pleadings may be returned or dismissed. (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 › Pleadings - In General › Section 04.11.01.305 - AMENDMENTS TO PLEADINGS - WITHDRAWAL OF PLEADINGS

Current through August 31, 2023
The presiding officer may allow any pleading to be amended or corrected or any omission to be supplied. Pleadings will be liberally construed, and defects that do not affect substantial rights of the parties will be disregarded. A party desiring to withdraw a pleading must file a notice of withdrawal of the pleading and serve all parties with a copy. Unless otherwise ordered by the presiding officer, the notice is effective fourteen (14) days after filing. (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 04.11.01.350 - ORDER GRANTING INTERVENTION NECESSARY

Current through August 31, 2023
Persons not applicants or claimants or appellants, petitioners, complainants, protestants, or respondents to a proceeding who claim a direct and substantial interest in the proceeding may petition for an order from the presiding officer granting intervention to become a 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 › Intervention - Public Witnesses › Section 04.11.01.351 - FORM AND CONTENTS OF PETITIONS TO INTERVENE

Current through August 31, 2023
Petitions to intervene must comply with Rules  200,  300, and  301. The petition must set forth the name and address of the potential intervenor and must state the direct and substantial interest of the potential intervenor in the proceeding. If affirmative relief is sought, the petition must state the relief sought and the basis for granting it. (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 04.11.01.352 - TIMELY FILING OF PETITIONS TO INTERVENE

Current through August 31, 2023
Petitions to intervene must be filed at least fourteen (14) days before the date set for formal hearing or prehearing conference, whichever is earlier, unless a different time is provided by order or notice. Petitions not timely filed must state a substantial reason for delay. The presiding officer may deny or conditionally grant petitions to intervene that are not timely filed for failure to state good cause for untimely filing, to prevent disruption, prejudice to existing parties or undue broadening of the issues, or for other reasons. Intervenors who do not file timely petitions are bound by orders and notices earlier entered as a condition of granting the untimely 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 › Intervention - Public Witnesses › Section 04.11.01.353 - GRANTING PETITIONS TO INTERVENE

Current through August 31, 2023
If a petition to intervene shows direct and substantial interest in any part of the subject matter of a proceeding and does not unduly broaden the issues, the presiding officer will grant intervention, subject to reasonable conditions. If it appears that an intervenor has no direct or substantial interest in the proceeding, the presiding officer may dismiss the intervenor from the proceeding. (3-31-22)