reglab/statecodes huggingface dataset:
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 62.01.01.485 - EXPERTS

Current through September 2, 2024
A presiding officer may admit, weigh, and consider expert opinions, whether presented in writing or through testimony. Expert opinions are generally admissible if the proffering party demonstrates the relevancy of the expert opinions, as well as demonstrates the general reliability of the expert opinions, both as to methodology and qualifications of the expert. Expert testimony that is conclusory, offers legal opinions, or which is based solely upon hearsay, is inadmissible. Expert opinions may be offered in writing, and may be either set forth formally, as in an expert report, or informally, as in a letter, e-mail, records, or other similar writings.
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 62.01.01.486 - INTERPRETERS

Current through September 2, 2024
01.
Appointment
. If an agency or presiding officer determines that an interpreter is needed for a hearing based upon a party's disability or lack of English language proficiency, the agency or presiding officer shall advise the party that he or she has a right to a qualified interpreter. If then requested, a qualified interpreter shall be appointed. A party needing interpretation may, alternatively, advise the agency or presiding officer that they will provide their own alternate qualified interpreter.
02.
Oath
. At the start of the hearing, the interpreter shall be sworn as follows: "Do you solemnly swear or affirm that you will interpret and/or translate accurately, completely, and impartially, using your best skill and judgment in accordance with the standards prescribed by law?"
03.
Cost
. The agency shall pay the cost of an interpreter needed for a hearing. Any alternate qualified interpreter used by the party needing interpretation shall be paid for solely by that 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 F - HEARINGS › Hearings › Section 62.01.01.500 - NOTICE OF HEARING

Current through September 2, 2024
If not previously set in an order following a scheduling or prehearing conference, notice of the time, place, and nature of the hearing will be served on all parties at least fourteen (14) days before the time set for hearing, unless the presiding officer finds by order that it is necessary or appropriate that the hearing be held earlier. Notices must list the names of the parties (or the lead parties if the parties are too numerous to name), the case number or docket number, the name of the presiding officer who will hear the case, the name, address, and telephone number of the person to whom inquiries about scheduling or hearing facilities should be directed, and the names of persons with whom the pleadings or other documents in the case should be filed if the presiding officer is not the person who should receive those documents. If no document previously issued by the agency has provided a statement of the legal authority under which the hearing is to be held and/or a short and plain statement of the matters asserted or the issues involved, the notice of hearing must do so.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter F - HEARINGS › Hearings › Section 62.01.01.501 - HOW HEARINGS HELD

Current through September 2, 2024
Hearings may be held in person, by telephone, or by other remote technology, as agreed by the parties. If the parties are unable to agree how a hearing will be held, the presiding officer shall decide, based upon considerations of: locations of the parties; locations of any witnesses; agreements regarding the admission of prepared testimony or other evidence; complexity of the dispute; limitations in suitability of telephone or remote technology for one or more parties; and any other factor impacting the just, speedy, and inexpensive determination of the proceeding. However a hearing is held, all participants shall be afforded an opportunity to participate in the entire proceeding while it is taking place.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter F - HEARINGS › Hearings › Section 62.01.01.502 - CONDUCT AT HEARINGS

Current through September 2, 2024
01.
Nondisruptive Conduct
. All persons attending a hearing must conduct themselves in a respectful and nondisruptive manner. No person shall interfere with the conduct of, disrupt, or threaten interference with or disruption of the hearing.
02.
Abusive Or Improper Questioning Or Argument
. A presiding officer may halt any questioning or argument they deem abusive or improper, with or without prior warning and with or without objection by a party. Continued abusive or improper questioning or argument thereafter by the same party may be deemed disruptive and subject to sanctions.
03.
Audio-Visual Recordings
. Except where otherwise not permitted by statute, rule, order, notice, or any other governing policy or procedure, audio-visual equipment, including cameras, microphones, and the like, may be operated in the hearing room by any attendee during the course of a hearing after permission is granted by the presiding officer and then only pursuant to any conditions the presiding officer may impose to avoid disruption of the hearing. At any time during the hearing, should disruption occur, the presiding officer may impose in their discretion any additional conditions upon the use of audio-visual equipment, including the revocation of permission for such use.
04.
Sanctions for Disruptive Conduct
. In the event of interference, disruption, or threat by any attendee to the hearing, the presiding officer shall read this rule to those persons causing such interference or disruption and thereafter proceed as deemed appropriate, which may include termination of the hearing or ordering the disruptive person to leave or be removed from the hearing.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter F - HEARINGS › Hearings › Section 62.01.01.503 - CONFERENCE AT HEARING

Current through September 2, 2024
In any proceeding the presiding officer may convene the parties before hearing or recess the hearing to discuss formulation or simplification of the issues, admissions of fact or identification of documents to avoid unnecessary proof, exchanges of documents, exhibits, or prepared testimony, limitation of witnesses, order of procedure, and other matters that may expedite orderly conduct of the hearing. The presiding officer shall state the results of the conference on the record.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter F - HEARINGS › Hearings › Section 62.01.01.504 - PRELIMINARY PROCEDURE AT HEARING

Current through September 2, 2024
Before taking evidence at a hearing, the presiding officer will call the hearing to order, take appearances of parties, and act upon any pending motions or petitions. The presiding officer may allow opening statements to explain a party's presentation.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter F - HEARINGS › Hearings › Section 62.01.01.505 - CONSOLIDATION OF PROCEEDINGS

Current through September 2, 2024
The agency or the presiding officer may consolidate two (2) or more proceedings for hearing upon finding that they present issues that are related and that the rights of the parties will not be prejudiced. In consolidated hearings, the presiding officer determines the order of the proceeding.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter F - HEARINGS › Hearings › Section 62.01.01.506 - ORDER OF PROCEDURE

Current through September 2, 2024
The presiding officer may determine the order of presentation of witnesses and examination of witnesses.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter F - HEARINGS › Hearings › Section 62.01.01.507 - TESTIMONY UNDER OATH

Current through September 2, 2024
All testimony presented at hearing by any witness will be given under oath. Before testifying, each witness must swear or affirm that the testimony the witness will give before the presiding officer is the truth, the whole truth, and nothing but the truth.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter F - HEARINGS › Hearings › Section 62.01.01.508 - PRESIDING OFFICER'S CALLING OR EXAMINING OF WITNESSES

Current through September 2, 2024
A presiding officer may call or examine a witness on their own or at a party's request. All parties are entitled to cross-examine the witness, and any party may make objections during the presiding officer's examination.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter F - HEARINGS › Hearings › Section 62.01.01.509 - SEQUESTRATION OF WITNESSES

Current through September 2, 2024
On motion by a party, and upon showing of good cause, a presiding officer may order that any or all testifying witnesses be sequestered during a hearing. However, a named party and/or their designated representative, even if designated as a witness, shall not be sequestered.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter F - HEARINGS › Hearings › Section 62.01.01.510 - PARTIES AND PERSONS WITH SIMILAR INTERESTS

Current through September 2, 2024
If two (2) or more parties or persons have substantially like interests or positions, to expedite the proceeding and avoid duplication, the presiding officer may limit the number of them who testify, examine witnesses, or make and argue motions and objections.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter F - HEARINGS › Hearings › Section 62.01.01.511 - CONTINUANCE OF HEARING

Current through September 2, 2024
The presiding officer may continue a hearing to a later date, either upon motion or on their own initiative.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter F - HEARINGS › Hearings › Section 62.01.01.512 - RULINGS AT HEARINGS

Current through September 2, 2024
The presiding officer rules on motions and objections presented at hearing. Rulings by the presiding officer may be made verbally on the record, or addressed by written order after hearing.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter F - HEARINGS › Hearings › Section 62.01.01.513 - ORAL ARGUMENT

Current through September 2, 2024
The presiding officer may set and hear oral argument on any matter in the contested case on reasonable notice according to the circumstances.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter F - HEARINGS › Hearings › Section 62.01.01.514 - BRIEFS - PROPOSED ORDERS - POSITION STATEMENTS

Current through September 2, 2024
In any contested case, the presiding officer may request, and any party or interested person may ask to submit, any briefs, proposed orders, or position statements regarding any issue 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 G - POSTHEARING MATTERS › Record For Decisions › Section 62.01.01.600 - AGENCY RECORD

Current through September 2, 2024
01.
Requirement
. The agency shall maintain an official record of each contested case as provided for in Section  67-5249, Idaho Code.
02.
Presiding Officers
. Presiding officers shall provide the agency with the presiding officer's copy of the agency record within a reasonable time after the expiration of the time for any motion for reconsideration of a recommended or preliminary order, or at such other time as the agency may request. If the presiding officer is one assigned by the Office of Administrative Hearings, the Office of Administrative Hearings shall provide such copy of the agency record to 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 G - POSTHEARING MATTERS › Record For Decisions › Section 62.01.01.601 - RECORDING OR REPORTING OF HEARINGS

Current through September 2, 2024
01.
In-Person and Telephonic Hearings
. All in-person and telephonic hearings shall be recorded at the agency's expense, either by audiotape, digital audio, and/or court reporter, as selected by the presiding officer. Any party requesting a video recording of an in-person or telephonic hearing may do so at their own expense, subject to the presiding officer's determination that the recording does not cause distraction or disruption, which determination may be made at any time before or during the hearing.
02.
Remote Video Hearings
. All remote video hearings shall be recorded at the agency's expense, by digital audio, digital video, and/or court reporter, as selected by the presiding officer.
03.
Transcripts
. Any party may request an official transcript of any recording of any hearing at their own expense. However, if a party uses an official transcript for any purpose in the contested case proceeding, the full official transcript must be provided to all parties and the presiding officer. If a party is required to provide a copy of an official transcript to all parties and the presiding officer, the presiding officer may, in their discretion, direct all other parties to contribute to the expense of the official transcript.
04.
Presiding Officers
. In preparing any order, a presiding officer may rely upon any unofficial transcript of a hearing, including, but not limited to, any transcript automatically generated by computer software. If the presiding officer determines that an unofficial transcript of a hearing is incomplete or insufficient, or otherwise determines that an official transcript is required for any other reason, the presiding officer may direct the creation of an official transcript at the agency's expense. If the agency is not a party to the proceeding, the presiding officer may direct the creation of an official transcript at the parties' shared expense.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter G - POSTHEARING MATTERS › Orders › Section 62.01.01.625 - RECOMMENDED ORDERS

Current through September 2, 2024
01.
Definition
. Recommended orders are orders issued by a person other than the agency head that will become a final order of the agency only after review of the agency head (or the agency head's designee) pursuant to Section  67-5244, Idaho Code.
02.
Content
. Except where otherwise provided by statute or rule, every recommended order must contain the following paragraphs or substantially similar paragraphs:
a. This is a recommended order of the presiding officer. It will not become final without action of the agency head. If you disagree with this recommended order, you may file a "motion for reconsideration" with the presiding officer, or you may file "exceptions" with the agency head. You are allowed to file both.
b. If you would like to file a motion for reconsideration of this recommended order with the presiding officer, you must do so within fourteen (14) days of the service date of this order. After the presiding officer receives your motion for reconsideration, they have twenty-one (21) days to rule upon it. If they do not issue a ruling within twenty-one (21) days, your motion will be considered denied.
c. If another party has filed a motion for reconsideration of this recommended order, you must file any opposition brief within fourteen (14) days from the service date of the motion for reconsideration. No further briefing by any party will be permitted unless the presiding officer, in their discretion, requests it.
d. You may also file any exceptions you may have to this recommended order, with a supporting brief, directly with the agency head within fourteen (14) days of the service date of this order, unless the agency head sets a different deadline.
e. If another party has filed exceptions to this recommended order with the agency head, you must file any opposition brief within fourteen (14) days from the service date of the exceptions. No further briefing by any party will be permitted unless the agency head, in their discretion, requests it.
f. If you would like to request oral argument regarding any motion for reconsideration or exceptions, you must state so in your filings. The decision whether to have oral argument is a decision for the presiding officer or the agency head to make, and they may decide to not have oral argument, even if you or any other party has requested it.
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter G - POSTHEARING MATTERS › Orders › Section 62.01.01.627 - FINAL ORDERS

Current through September 2, 2024
01.
Definition
. Final orders are preliminary orders that have become final under Rule 626 and Section  67-5245, Idaho Code, or orders issued by the agency head, either as the presiding officer or in regards to a recommended order, pursuant to Section  67-5246, Idaho Code. Emergency orders issued under Section  67-5247, Idaho Code, shall be designated as final orders if the agency will not issue further orders or conduct further proceedings in the matter.
02.
Content
. Except as otherwise provided by statute or rule, every final order issued by the agency head must contain the following paragraphs or substantially similar paragraphs:
a. This is a final order of the agency.
b. If you disagree with this final order, you will then have twenty-eight (28) days to file a petition for judicial review with a district court, pursuant to Sections  67-5270  through  67-5279, Idaho Code.
c. Prior to requesting judicial review of this final order, you may also file a "motion for reconsideration" with the agency head. If you do wish to file a motion for reconsideration, you must do so within fourteen (14) days of the service date of this order. After the agency head receives your motion for reconsideration, they have twenty-one (21) days to rule upon it. If they do not issue a ruling within twenty-one (21) days, your motion will be considered denied.
d. If another party has filed a motion for reconsideration of this final order, you must file any opposition brief within fourteen (14) days from the service date of the motion for reconsideration. No further briefing by any party, and no oral argument, will be permitted unless the agency head, in their discretion, requests it.
e. Once an agency head has ruled upon a motion for reconsideration, or if twenty-one (21) days have passed since the motion for reconsideration was filed without a ruling by the agency head, you will have twenty-eight (28) days to file a petition for judicial review with a district court, pursuant to Sections  67-5270  through  67-5279, Idaho Code.
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter G - POSTHEARING MATTERS › Orders › Section 62.01.01.628 - ORDERS REGARDING COSTS AND/OR FEES

Current through September 2, 2024
01.
Scope of Rule
. This rule provides procedures for considering requests for costs and/or fees (including attorneys' fees) when an agency has authority to award costs and/or fees under other provisions of law. This rule is not a source of authority for awarding costs and/or fees.
02.
Filing of Motions for Awards of Costs and/or Fees
. Unless otherwise provided by statute, rule, or order:
a. Procedure. Upon the issuance of a final order, any party seeking an award of costs and/or fees must file a motion within fourteen (14) days of the service date of the final order. The request must state the basis for which fees or costs may be awarded. Any opposition to the motion must be made within fourteen (14) days. Upon the making of such a motion, the agency head may issue an order upon the motion, or assign resolution of the motion to the presiding officer. Any order regarding a request for an award of costs and/or fees shall be final and subject to judicial review pursuant to Sections  67-5270  through  67-5279, Idaho Code. The filing of any motion for an award of costs and/or fees, and any proceedings thereon, do not extend, alter, or stay any other deadlines in the contested case proceeding.
b. Interlocutory requests. Motions for awards of costs and/or fees made prior to the issuance of a final order will not be ruled upon prior to the issuance of the final order, but will instead be deemed filed as of the date of the final order.
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter G - POSTHEARING MATTERS › Orders › Section 62.01.01.629 - ORDER NOT DESIGNATED

Current through September 2, 2024
If an order is not designated as interlocutory, recommended, preliminary, or final at its release, any party may move to designate the order as interlocutory, recommended, preliminary, or final, as 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 G - POSTHEARING MATTERS › Orders › Section 62.01.01.630 - MODIFICATION OF ORDERS ON PRESIDING OFFICER'S AND AGENCY HEAD'S OWN MOTION

Current through September 2, 2024
01.
Recommended and Preliminary Orders
. A presiding officer issuing a recommended or preliminary order may modify the recommended or preliminary order on the presiding officer's own motion within fourteen (14) days after issuance by withdrawing the order and issuing an amended recommended or preliminary order.
02.
Final Orders
. The agency head may modify or amend a final order at any time before a petition for judicial review to district court has been filed or before the expiration of the time for the filing of a petition for judicial review to district court, whichever is earlier, by withdrawing the earlier final order and issuing an amended final order.
03.
Other Orders
. A presiding officer may modify or amend any other order issued by them at any time prior to the issuance of a preliminary or recommended order. An agency head may modify or amend any other order issued by them at any time prior to the issuance of a final order.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter G - POSTHEARING MATTERS › Orders › Section 62.01.01.631 - CLARIFICATION OF ORDERS

Current through September 2, 2024
Any party or person affected by an order may petition to clarify any order, whether interlocutory, recommended, preliminary, or final. Petitions for clarification from final orders do not suspend or toll the time to file a motion for reconsideration or appeal of the order. A petition for clarification may be combined with a motion for reconsideration or stated in the alternative as a motion for clarification and/or reconsideration.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter G - POSTHEARING MATTERS › Orders › Section 62.01.01.632 - STAY OF ORDERS

Current through September 2, 2024
Any party or person affected by an order may file a motion to stay any order, whether interlocutory or final. Interlocutory or final orders may be stayed by the judiciary according to statute or rule. A presiding officer may stay any interlocutory, preliminary, or recommended order on their own motion, and an agency head may stay any final order on their own motion.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter G - POSTHEARING MATTERS › Orders › Section 62.01.01.633 - VOIDING OF ORDERS

Current through September 2, 2024
01.
Notice
. Any notice to the Chief Administrative Hearing Officer pursuant to Section  67-5283(2)(b), Idaho Code, regarding the alleged failure of an independent contract hearing officer to comply with the requirements of Section  67-5283(2)(a), must be submitted in writing to, and received by, the Chief Administrative Hearing Officer within thirty (30) days of the issuance of the independent contract hearing officer's order, and should state whether the order involves a financial transaction and whether the noticing party requests a stay of the independent contract hearing officer's order.
02.
Stay
. If the Chief Administrative Hearing Officer determines that the independent contract hearing officer's order involves, or may involve, a financial transaction, the Chief Administrative Officer may promptly issue a stay of the independent contract hearing officer's order for the duration of the investigation, which shall be served on all parties to the contested case.
03.
Investigation
.
a. An investigation into an independent contract hearing officer's alleged failure to comply with the requirements of Section  67-5283(2)(a), Idaho Code, may be conducted by either the Chief Administrative Hearing Officer or any person contracted by them to conduct such investigation or a portion thereof.
b. The independent contract hearing officer being investigated shall promptly comply with all information and documentation requests made by the Chief Administrative Hearing Officer or their designee related to the alleged failure to comply.
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter G - POSTHEARING MATTERS › Judicial Review › Section 62.01.01.650 - JUDICIAL REVIEW, GENERALLY

Current through September 2, 2024
Sections  67-5270  through  67-5279, Idaho Code, and the rules of civil procedure govern who may petition for judicial review of a final agency order to district court, where and when such an appeal must be filed, and how the judicial review process will be conducted.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter G - POSTHEARING MATTERS › Judicial Review › Section 62.01.01.651 - PETITION FOR JUDICIAL REVIEW

Current through September 2, 2024
A petition for judicial review filed by any party must be filed with the agency and with the district court, and must be served on all parties and 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 H - SPECIAL PROCEEDINGS › Section 62.01.01.700 - INTERVENTION GENERALLY

Current through September 2, 2024
Persons who are not parties to a proceeding but 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. Where an agency participates in the hearing in a neutral capacity, the agency may petition to intervene to become 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 H - SPECIAL PROCEEDINGS › Section 62.01.01.701 - FORM AND CONTENTS OF PETITIONS TO INTERVENE

Current through September 2, 2024
Petitions to intervene must comply with all rules governing form of pleadings. 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. The petition must also include a proof of service reflecting service upon all existing parties 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 H - SPECIAL PROCEEDINGS › Section 62.01.01.702 - TIMELY FILING OF PETITIONS TO INTERVENE

Current through September 2, 2024
Petitions to intervene must be filed at least twenty-one (21) days before the date set for 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 or 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.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter H - SPECIAL PROCEEDINGS › Section 62.01.01.703 - OPPOSITION TO PETITIONS TO INTERVENE

Current through September 2, 2024
No petition to intervene will be ruled upon by a presiding officer earlier than fourteen (14) days after its filing, except during or after a hearing in which any party may be heard. Any party opposing a petition to intervene must file an objection within seven (7) days after receipt of the petition to intervene and serve the objection upon all parties of record and the proposed intervenor(s).
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter H - SPECIAL PROCEEDINGS › Section 62.01.01.704 - HEARING ON PETITIONS TO INTERVENE

Current through September 2, 2024
Where necessary to develop a full record on the question of intervention, the presiding officer shall conduct a hearing on the petition to determine whether intervention will be permitted and to define the scope of intervention and any limitations thereon. All parties to the proceeding will be permitted to participate in such a hearing, and will be permitted to offer testimony and exhibits.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter H - SPECIAL PROCEEDINGS › Section 62.01.01.705 - ORDERS ON PETITIONS TO INTERVENE

Current through September 2, 2024
If a petition to intervene shows direct and substantial interest in any part of the subject matter of a proceeding, does not unduly broaden the issues, and does not unduly delay or prejudice the original parties, the presiding officer will grant intervention, unless the petitioner's interest is already adequately represented by one or more parties already participating in the case. The order granting intervention may be subject to reasonable conditions as determined by the presiding officer, including limiting the factual or legal issues the intervenor may raise and/or the means an intervenor may use to present and develop those issues, so as to avoid undue delay or prejudice to the original parties. If it otherwise appears that an intervenor has no direct or substantial interest in the proceeding, or that intervention would unduly broaden the issues, or unduly delay or prejudice the original parties, the presiding officer may deny the petition.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter H - SPECIAL PROCEEDINGS › Section 62.01.01.706 - DENIAL OF INTERVENTION DOES NOT PRECLUDE PARTICIPATION

Current through September 2, 2024
A person whose petition for intervention is denied may still, subject to these rules and the discretion of the presiding officer, participate in the proceeding as an interested person or a public witness.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter H - SPECIAL PROCEEDINGS › Declaratory Rulings › Section 62.01.01.725 - FORM AND CONTENTS OF PETITIONS FOR DECLARATORY RULINGS

Current through September 2, 2024
A petition for declaratory ruling on the applicability of a statute, a rule administered by an agency, or an order issued by an agency is a pleading which initiates a declaratory proceeding. The form and content of a petition for declaratory ruling must substantially comply with this rule, as determined by the presiding officer.
01.
Form
. Petitions for declaratory rulings must comply with all rules governing form of pleadings.
02.
Content
. Petitions for declaratory rulings shall:
a. Identify the petitioner and state the petitioner's interest in the matter;
b. State the declaratory ruling the petitioner seeks; and
c. Indicate the statute, order, or rule for which a declaratory ruling is requested, and the factual allegations which support the petitioner's request.
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter H - SPECIAL PROCEEDINGS › Declaratory Rulings › Section 62.01.01.726 - SERVICE AND NOTICE OF PETITION FOR DECLARATORY RULING

Current through September 2, 2024
At a minimum, the petitioner must serve a copy of their petition on any person the petitioner knows would be affected by the declaratory relief sought. Further, notice of a petition for declaratory ruling should also be made by the petitioner in a manner designed to call its attention to persons likely to be interested in the subject matter of the petition. The presiding officer may direct the petitioner and/or the agency to make, or attempt to make, notice or service to potentially interested persons if those potentially interested persons have not previously been notified of, or served with, the petition.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter H - SPECIAL PROCEEDINGS › Declaratory Rulings › Section 62.01.01.727 - PROCEEDINGS

Current through September 2, 2024
01.
Determination Of Need For Hearing
. The presiding officer shall have thirty (30) days to determine if a hearing on the petition for declaratory ruling is needed.
02.
No Hearing Needed
. If the presiding officer determines that a decision can be rendered on the face of the petition without hearing or further proceedings, the presiding officer shall thereafter render, as soon as practicable, a preliminary or recommended order reflecting the determination that no hearing is needed and the reasons therefor, and the declaratory ruling. If the presiding officer is an agency head, the order reflecting the determination that no hearing is needed and the reasons therefor, and declaratory ruling, shall issue as a final order.
03.
Hearing Needed
. If a presiding officer determines that a hearing is needed, the petitioner, the agency, and any other interested persons shall be notified, and a hearing upon the petition shall be held as soon as practicable. A declaratory hearing shall be conducted utilizing the contested case proceeding rules herein, and a preliminary or recommended order setting forth the declaratory ruling shall be issued as soon as practicable after the hearing. If the presiding officer is an agency head, the order reflecting the declaratory ruling shall issue as a final order.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter H - SPECIAL PROCEEDINGS › Declaratory Rulings › Section 62.01.01.728 - SPEEDY HEARING PERMITTED

Current through September 2, 2024
Parties may request, or a presiding officer may order sua sponte, a speedy hearing on a petition for declaratory ruling. In evaluating the need or request for a speedy hearing, a presiding officer should weigh both factors favoring speedy hearing, such as an imminent deadline facing petitioner, and factors disfavoring speedy hearing, such as impairment to notice and/or due process.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter H - SPECIAL PROCEEDINGS › Declaratory Rulings › Section 62.01.01.729 - LIMITATIONS

Current through September 2, 2024
01.
Contested Cases
.
a. Petitions for declaratory rulings, or other requests for declaratory relief, are not permitted where the requested declaratory relief addresses the same subject matter or issues of an existing contested case.
b. Further, in responding to a petition for declaratory relief, an agency may make motion to the presiding officer to dismiss the declaratory proceeding upon a showing that the agency has initiated a contested case to address the same subject matter or issues of the declaratory action.
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter H - SPECIAL PROCEEDINGS › Emergency Proceedings › Section 62.01.01.750 - SERVICE OF EMERGENCY ORDER

Current through September 2, 2024
Orders issued as the result of an emergency proceeding under Section  67-5247, Idaho Code, shall be served upon all persons required to comply with the order by both certified mail, return receipt requested, and additionally by e-mail or personal service, where feasible.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter H - SPECIAL PROCEEDINGS › Emergency Proceedings › Section 62.01.01.751 - HEARING ON EMERGENCY ORDER

Current through September 2, 2024
01.
Time for Hearing
. The hearing upon an emergency order shall be held no later than twenty-eight (28) days after the issuance of the emergency order, except as otherwise provided by statute, rule, or order.
02.
Appointment of Presiding Officer
. No later than three (3) days after the issuance of the emergency order, the agency shall assign the matter to the Office of Administrative Hearings, or, where otherwise authorized by statute or rule, appoint a presiding officer.
03.
Notice of Proposed Hearing
. As quickly as feasible, the presiding officer shall issue a notice of proposed hearing date.
a. Service. The notice of hearing shall be served upon all persons required to comply with the order by both certified mail, return receipt requested, and additionally by e-mail or personal service, where feasible. The agency may be served by e-mail or regular mail.
b. Content. Except as otherwise provided by statute or rule, the notice of proposed hearing date must contain the following paragraphs or substantially similar paragraphs:
i. You have a right to have an evidentiary hearing before the agency as quickly as feasible if you wish to contest the Emergency Order dated [insert date of order]. Any hearing will be conducted as a contested case hearing pursuant to Chapter 52, Title 67 of the Idaho Code.
ii. Pursuant to Section  67-5252, Idaho Code, the presiding officer shall, at the time of hearing:
(1) Regulate the course of the proceedings to assure that there is a full disclosure of all relevant facts and issues, including such cross-examination as may be necessary, and
(2) Shall afford all parties the opportunity to respond and present evidence and argument on all issues involved, except as restricted by a limited grant of intervention or a prehearing order.
iii. The hearing date identified in this notice is a proposed hearing date. If you would like to request a different date, you may contact the presiding officer identified in this notice within seven (7) days of receiving this notice. You may contact the presiding officer to make your request by phone, e-mail, or by formal filing with the presiding officer. If you do not timely request a different date, the hearing will be held on the date proposed in this notice.
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter I - AGENCY-SPECIFIC RULES › Agency-Specific Contested Case Rules › Section 62.01.01.800 - OTHER AGENCY-SPECIFIC CONTESTED CASE RULES

Current through September 2, 2024
01.
Mandatory Application
. Some agencies have promulgated their own contested case rules to comply with applicable federal law or specific requirements of Idaho law applicable to the agency or programs it administers. The presiding officer shall adopt and apply any such agency-specific rules, including temporary rules. Agency-specific rules which were promulgated as alternative procedures to the prior Idaho Rules of Administrative Procedure of the Attorney General shall continue to be adopted and applied, except as may conflict with any of these Idaho Rules of Administrative Procedure. Previously-promulgated alternative procedures which conflict with these Idaho Rules of Administrative Procedure, but which are otherwise mandated by federal or state statute, rule, regulation, or binding state or federal judicial decisional authority, shall be adopted and applied notwithstanding these Idaho Rules of Administrative Procedure.
02.
Optional Application
. Agency-specific contested case procedures may also be reflected in agency policies, procedures, or other non-rule guidance. Upon request of the agency no later than the initial scheduling conference, the presiding officer may adopt and apply such agency-specific policies, procedures, or other non-rule guidance, provided that such policies, procedures, or other non-rule guidance are publicly-available pursuant to Section  67-5250, Idaho Code; however, any such policies, procedures, or non-rule guidance which are required to comply with applicable federal law shall be adopted and applied.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 63 - Domestic Violence and Victim Assistance, Idaho Council on › Rule 63.05.04 - DOMESTIC VIOLENCE COUNCIL GRANTS › Section 63.05.04.000 - LEGAL AUTHORITY

Current through September 2, 2024
Under Section  39-5209, Idaho Code, the Idaho Council on Domestic Violence and Victim Assistance is authorized to promulgate, adopt, and amend rules regarding applications and grants administered by the Council.
Effective April 6, 2023
Idaho Administrative Code › Title IDAPA 63 - Domestic Violence and Victim Assistance, Idaho Council on › Rule 63.05.04 - DOMESTIC VIOLENCE COUNCIL GRANTS › Section 63.05.04.010 - DEFINITIONS

Current through September 2, 2024
For the purpose of these rules, the following definitions apply:
01.
Council
. The Idaho Council on Domestic Violence and Victim Assistance (ICDVVA).
02.
Domestic Violence
. Crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the state of Idaho, or a family or household member. This definition also includes criminal or non-criminal acts constituting intimidation, control, coercion and coercive control, emotional and psychological abuse and behavior, expressive and psychological aggression, financial abuse, harassment, tormenting behavior, disturbing or alarming behavior, and additional acts. This definition applies to individuals and relationships as set forth in  45 CFR 1370.2.
03.
Program Guidelines
. Collectively, the applicable federal and state statutes, these rules, grant applications, application instructions and scoring rubrics published by the Council regarding grant opportunities, Council grant management manuals, Council service standards for funded programs, Council grant management policies and procedures, and written grant or subgrant agreements entered into with successful grant applicants, all of which will be enforced by the Council.
04.
Regions
. The (7) public health districts as defined in Section  39-408, Idaho Code.
05.
Victim
. A person who suffers direct or threatened physical, sexual, emotional, psychological, or financial harm either:
a. As a result of an act by someone else and the act causing harm is a crime under state or federal law; or
b. As a result of an act by someone with whom they share a relationship as defined in Section  39-6303(1), (2), (3), and (6), Idaho Code.
Idaho Administrative Code › Title IDAPA 63 - Domestic Violence and Victim Assistance, Idaho Council on › Rule 63.05.04 - DOMESTIC VIOLENCE COUNCIL GRANTS › Section 63.05.04.015 - GENERAL GRANT PROGRAM REQUIREMENTS

Current through September 2, 2024
01.
Application Procedure
. All applicants must meet eligibility requirements specified in program guidelines for their application to be considered. Eligible applicants must submit a completed application to the Council and meet the requirements specified in program guidelines prior to the application deadline.
02.
Review and Selection of Applications
. All eligible grant applications will be reviewed, scored, and selected by the Council under the selection criteria specified in the program guidelines. All applicants will be notified of their application status in a reasonable timeframe after the application deadline. The Council may conduct on-site and remote evaluations and follow-up evaluations as specified in the program guidelines.
03.
Written Agreements
. All applicants selected for grant funding must enter into a written grant or subgrant agreement setting forth the terms of their grant. Procedures for payment are set forth in the agreement. Non-compliance with agreement provisions are grounds for non-payment or termination of the grant.
04.
Reporting and Recordkeeping Requirements
. The grantee must maintain accurate, current, and complete client, administrative, and fiscal records, including accurate records of the receipt, obligation, and disbursement of funds, under the requirements specified in the program guidelines.
05.
Termination of Funding
. The grantee may only use the grant funds in accordance with program guidelines. If at any time the Council becomes aware of a grantee's noncompliance with program guidelines, illegal use of grant funds or fraud, or criminal activity, the Council may terminate the agreement. The Council may require an audit of grant funds. The Council may further terminate a grant if the project loses viability or is unlikely to meet the intent of the original application.
Effective April 6, 2023