reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 08 - Education, Board of and Department of › Rule 08.02.04 - RULES GOVERNING PUBLIC CHARTER SCHOOLS › Section 08.02.04.303 - REVOCATION

Current through August 31, 2023
An authorized chartering entity may revoke a charter in accordance with the procedure described in this Section if a public charter school has failed to meet any of the specific, written conditions for necessary improvements established pursuant to the provisions of Section  33-5209B(1), Idaho Code, by the dates specified. (4-6-23)
01.
Written Notice of Intention to Revoke Charter
. The authorized chartering entity must provide the public charter school with reasonable written notice of the intent to revoke the charter, which must include all of the reasons for such proposed action. In addition, such notice shall provide the public charter school with a reasonable opportunity to reply, which shall not be less than thirty (30) days after the date of such notice. (4-6-23)
02.
Public Hearing
. The authorized chartering entity shall conduct a public hearing with respect to its intent to revoke a charter. Such hearing shall be held no later than thirty (30) days after receipt of such written reply. If the public charter school does not reply by the date set in the notice, then such hearing shall be held no later than sixty (60) days after the date the notice was sent by the authorized chartering entity. (4-6-23)
a. Written notification of the hearing shall be sent to the public charter school at least ten (10) days in advance of the hearing. (4-6-23)
b. The public hearing shall be conducted by the authorized chartering entity, or such other person or persons appointed by the authorized chartering entity to conduct public hearings and receive evidence as a contested case in accordance with Section  67-5242, Idaho Code. (4-6-23)
Idaho Administrative Code › Title IDAPA 08 - Education, Board of and Department of › Rule 08.02.04 - RULES GOVERNING PUBLIC CHARTER SCHOOLS › Section 08.02.04.401 - APPEAL TO THE DEPARTMENT OF A DECISION RELATING TO THE FORMATION OF A NEW PUBLIC CHARTER SCHOOL OR CONVERSION OF A PUBLIC SCHOOL

Current through August 31, 2023
The following procedures govern appeals pursuant to Section  33-5207(1). Idaho Code. (4-6-23)
01.
Submission of Appeal
. To institute an appeal, the petitioners/appellants shall submit a notice of appeal and request for public hearing in writing to the Department that describes, in detail, all of the grounds for the appeal, and the remedy requested, within thirty (30) days from the date of the written decision of the authorized chartering entity that reviewed the petition. A copy of the notice of appeal shall be submitted to the authorized chartering entity, and with the Board. In addition, contemporaneous with the submission of the notice of appeal, the petitioners/appellants shall also submit to the Department copies of the complete record of all actions taken with respect to the consideration of the public charter school petition. The record must be in chronological order and must be appropriately tabbed and indexed. The record must contain, at a minimum, all of the following documents: (4-6-23)
a. The name, address, and telephone number of the person or persons submitting the appeal on behalf of petitioners/appellants, as well as the authorized chartering entity that issued the decision being appealed. (4-6-23)
b. The complete petition that was submitted to the authorized chartering entity, including any amendments thereto or supplements thereof. (4-6-23)
c. Copies of audio or video recordings, if any, and the minutes from all meeting(s) where the petition was considered or discussed. (4-6-23)
d. All correspondence between the petitioners/appellants and the authorized chartering entity relating to the petition from the date the original petition was submitted until the date the authorized chartering entity issued the decision being appealed. (4-6-23)
e. The written decision provided by the authorized chartering entity to the petitioner. A copy of such notice of appeal shall be submitted to the authorized chartering entity whose decision is being appealed, and to the Board. (4-6-23)
Idaho Administrative Code › Title IDAPA 08 - Education, Board of and Department of › Rule 08.02.04 - RULES GOVERNING PUBLIC CHARTER SCHOOLS › Section 08.02.04.402 - APPEAL TO THE BOARD RELATING TO THE DENIAL OF A REQUEST TO FORM A NEW PUBLIC CHARTER SCHOOL

Current through August 31, 2023
01.
Submission of Appeal
. The petitioners/appellants shall submit a notice of appeal in writing with the Board that describes, in detail, all of the grounds for the appeal, and the remedy requested, within thirty (30) days from the date the authorized chartering entity issues its final decision to deny a petition to form a new public charter school. A copy of the notice of appeal shall be submitted to the authorized chartering entity. In addition, contemporaneous with the submission of the notice of appeal, the petitioners/appellants shall also submit to the Board, a complete record of all actions taken with respect to the consideration of the public charter school petition. The record must be in chronological order, must be tabbed and indexed, and must contain, at a minimum, the following documents: (4-6-23)
a. The complete record submitted to the Department, as provided in Subsection  401.01.a. through 401.01.e. of these rules. (4-6-23)
b. A transcript, prepared by a neutral person whose interests are not affiliated with a party to the appeal, of the recorded public hearing conducted by the hearing officer, as described in Subsection  401.06  of these rules. (4-6-23)
c. A copy of the hearing officer's recommendation. (4-6-23)
d. Copies of audio or video recordings, if any, and the minutes of the public hearing conducted by the authorized chartering entity to consider the recommendation of the hearing officer, as described in Subsection  401.08.a. through 401.08.c. of these rules. (4-6-23)
e. Copies of any additional correspondence between the petitioners/appellants and the authorized chartering entity relating to the petition subsequent to the public hearing conducted by the Department. (4-6-23)
f. The final written decision provided by the authorized chartering entity to the petitioners/appellants. (4-6-23)
g. No new evidence is permitted on appeal to the Board. (4-6-23)
Idaho Administrative Code › Title IDAPA 08 - Education, Board of and Department of › Rule 08.02.04 - RULES GOVERNING PUBLIC CHARTER SCHOOLS › Section 08.02.04.403 - APPEAL RELATING TO THE DENIAL OF A REQUEST TO REVISE A CHARTER OR PERFORMANCE CERTIFICATE OR A CHARTER NON-RENEWAL OR REVOCATION DECISION

Current through August 31, 2023
The following procedures shall govern an appeal relating to the denial of a request to revise a charter or a charter nonrenewal or revocation decision. (4-6-23)
01.
Submission of Appeal
. The public charter school shall submit a notice of appeal in writing to the Board that describes, in detail, all of the grounds for the appeal, and the remedy requested, within thirty (30) days from the date of the written decision of the authorized chartering entity to non-renew or revoke a charter or to deny a charter or performance certificate revision. A copy of the notice of appeal shall be submitted to the authorized chartering entity. In addition, contemporaneous with the submission of the notice of appeal, the appellant charter school shall also submit to the Board one (1) hard copy and one (1) electronic copy of the complete record of all actions taken with respect to the matter being appealed. The record must be in chronological order and must be appropriately tabbed and indexed. The record must contain, at a minimum, all of the following documents: (4-6-23)
a. The name, address, and telephone number of the appellant public charter school and the authorized chartering entity that issued the decision being appealed. (4-6-23)
b. Copies of all correspondence or other documents between the appellant public charter school and the authorized chartering entity relating to the matter being appealed. (4-6-23)
c. Copies of audio or video recordings, if any, and the minutes from all meeting(s) where the matter on appeal was considered or discussed. (4-6-23)
d. The written decision provided by the authorized chartering entity to the appellant public charter school. (4-6-23)
e. No new evidence will be considered on appeal to the Board. (4-6-23)
Idaho Administrative Code › Title IDAPA 08 - Education, Board of and Department of › Rule 08.02.04 - RULES GOVERNING PUBLIC CHARTER SCHOOLS › Section 08.02.04.404 - EX PARTE COMMUNICATIONS

Current through August 31, 2023
Unless required for the disposition of a matter specifically authorized by statute to be done ex parte, no party to the appeal nor any representative of any such party to the appeal, nor any person or entity interested in such appeal, may communicate, directly or indirectly, regarding any substantive issue in the appeal with the Board or the charter appeal committee or any hearing officer appointed to hear or preside over the appeal hearing, except upon notice and opportunity for all parties to participate in the communication. (4-6-23)
Idaho Administrative Code › Title IDAPA 08 - Education, Board of and Department of › Rule 08.02.04 - RULES GOVERNING PUBLIC CHARTER SCHOOLS › Section 08.02.04.500 - MISCELLANEOUS

Current through August 31, 2023
01.
LEA Designations
. Section  33-5203(7), Idaho Code, provides that the board of trustees of a school district may designate a public charter school it authorizes as an LEA, with the concurrence of the public charter school board of directors. In order to designate a public charter school as an LEA, the board of trustees of the school district must submit to the Department the following no later than February 1 in order for any such designation to be effective for the following school year: (4-6-23)
a. Verification that the board of trustees is the authorized chartering entity of the public charter school it wishes to designate as an LEA. (4-6-23)
b. Written documentation that the board of trustees of the school district and the board of trustees of the public charter school have agreed to the designation of the public charter school as an LEA. Such documentation shall be signed by representatives of both parties. (4-6-23)
Idaho Administrative Code › Title IDAPA 08 - Education, Board of and Department of › Rule 08.02.04 - RULES GOVERNING PUBLIC CHARTER SCHOOLS › Section 08.02.04.501 - PROCEEDINGS BEFORE THE COMMISSION

Current through August 31, 2023
01.
Communications with Commission
. All written communications and documents intended to be part of an official record of decision in any proceeding before the Commission or any hearing officer appointed by the Commission must be filed with the individual designated by the Commission. 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. (4-6-23)
Idaho Administrative Code › Title IDAPA 08 - Education, Board of and Department of › Rule 08.02.05 - RULES GOVERNING PAY FOR SUCCESS CONTRACTING › Section 08.02.05.000 - LEGAL AUTHORITY

Current through August 31, 2023
In accordance with Sections  33-125B(8), Idaho Code, the State Board of Education may promulgate rules implementing the provisions of Section  33-125B, Idaho Code. (3-15-22)
Idaho Administrative Code › Title IDAPA 08 - Education, Board of and Department of › Rule 08.02.05 - RULES GOVERNING PAY FOR SUCCESS CONTRACTING › Section 08.02.05.010 - DEFINITIONS

Current through August 31, 2023
01.
Board
. The State Board of Education. (3-15-22)
02.
Department
. The State Department of Education. (3-15-22)
03.
Oversight Committee
. Committee formed pursuant to Section  33-125B(6), Idaho Code, to evaluate pay for success contracting proposals. (3-15-22)
04.
Pay for Success Contracting
. Contracting for services with private entities whereby services are reimbursed based on the achievement of outcomes pursuant to Section  33-125B, Idaho Code. (3-15-22)
Idaho Administrative Code › Title IDAPA 08 - Education, Board of and Department of › Rule 08.02.05 - RULES GOVERNING PAY FOR SUCCESS CONTRACTING › Section 08.02.05.101 - INITIATING CONTRACTING

Current through August 31, 2023
01.
Two Routes for Initiating Contracting
. Contracting may be initiated through two (2) separate routes. (3-15-22)
a.
Initiated by Department
. The Department may issues a request for information upon identification of a need for a service; or (3-15-22)
b.
Initiated by interested party
. An interested party or service provider may identify a need for service and submit a proposal to the State Department of Education. Proposals must include a letter of intent to participate in a pay for success contract and must include the following information: (3-15-22)
i. Special service(s) that the service provider will provide; (3-15-22)
ii. How the services will enhance student academic achievement; (3-15-22)
iii. Source of education funding from which savings will be realized; (3-15-22)
iv. Identity of one (1) or more qualified external evaluators; (3-15-22)
v. Provide external evaluator's qualifications and expertise as required pursuant to Section  33-125B, Idaho Code; and (3-15-22)
vi. Identify local education agencies (LEA) that have expressed interest in participating in the service and documentation that LEA meets the requirements pursuant to Section  33-125B, Idaho Code. (3-15-22)
Idaho Administrative Code › Title IDAPA 08 - Education, Board of and Department of › Rule 08.02.05 - RULES GOVERNING PAY FOR SUCCESS CONTRACTING › Section 08.02.05.102 - PROPOSAL EVALUATION

Current through August 31, 2023
01.
Timeline
. (3-15-22)
a. Within five (5) business days of receipt of the complete proposal, the proposal will be forwarded electronically to the oversight committee. (3-15-22)
b. After receiving the proposal, the oversight committee will determine if additional information is needed to evaluate the proposal. The oversight committee will request additional information from the interested party within thirty (30) days of receiving the initial proposal. (3-15-22)
c. The interested party shall respond to a request for additional information within fifteen (15) days of receiving the request. (3-15-22)
i. Requests for additional response time may be granted at the discretion of the oversight committee. (3-15-22)
ii. If the interested party fails to respond or additional information is not received within the specified time, the oversight committee may reject the proposal without further consideration. (3-15-22)
d. The oversight committee shall hold an initial meeting either in-person, telephonically, or by other means, to consider the merits of the proposal within forty-five (45) days of receipt of the proposal. (3-15-22)
e. The oversight committee chair shall inform the Department designated staff person, and the interested party, of its decision on a proposal within ninety (90) days of receipt of the complete proposal. (3-15-22)
Idaho Administrative Code › Title IDAPA 08 - Education, Board of and Department of › Rule 08.02.05 - RULES GOVERNING PAY FOR SUCCESS CONTRACTING › Section 08.02.05.103 - CONTRACT NEGOTIATIONS

Current through August 31, 2023
01.
Negotiation Teams
. Contract negotiations for accepted proposals shall involve the following individuals: (3-15-22)
a. The Department chief budget officer or designee; (3-15-22)
b. One (1) or more individuals with a background in complex financial instruments; (3-15-22)
c. One (1) or more individuals with a background in complex financial instruments, at least one (1) of which will be from the state treasurer's office or the state endowment fund board; (3-15-22)
d. One (1) or more financial officers from a local education agency. In the event a local education agency has already been identified to participate in the proposal, the chief financial officer for the local education agency shall participate. (3-15-22)
e. One (1) or more individuals representing the interested party. (3-15-22)
Idaho Administrative Code › Title IDAPA 08 - Education, Board of and Department of › Rule 08.04.01 - RULES OF THE IDAHO DIGITAL LEARNING ACADEMY › Section 08.04.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
In accordance with Sections  33-5504,  33-5505, and  33-5507, Idaho Code, the Board is authorized to promulgate rules implementing the provisions of Title 33, Chapter 55, Idaho Code. (3-15-22)
Idaho Administrative Code › Title IDAPA 08 - Education, Board of and Department of › Rule 08.04.01 - RULES OF THE IDAHO DIGITAL LEARNING ACADEMY › Section 08.04.01.010 - DEFINITIONS

Current through August 31, 2023
01.
Acceptable Use Policy (AUP)
. An Acceptable Use Policy is a policy that governs behavior in a computer or online environment. An Acceptable Use Policy outlines appropriate and inappropriate behavior, including specific examples of inappropriate behavior as well as the consequences of violating the policy. Acceptable use guidelines include, but are not limited to, guidelines pertaining to the use of profanity or threatening language, copyright violations, revealing personal information (either their own or someone else's), disrupting the use of a school network, or importation of sexually explicit, drug-related, and other offensive materials into the course environment. (3-15-22)
Idaho Administrative Code › Title IDAPA 08 - Education, Board of and Department of › Rule 08.04.01 - RULES OF THE IDAHO DIGITAL LEARNING ACADEMY › Section 08.04.01.102 - ACCOUNTABILITY

Current through August 31, 2023
01.
Exams
. Each IDLA course will require the student to take a comprehensive final exam at an approved site under proctored conditions. (3-15-22)
02.
Student Work and Ethical Conduct
. (3-15-22)
a. IDLA will inform students in writing of the consequences of plagiarism. The consequences for plagiarism are set out in the IDLA student handbook which is made available online at all times and is communicated to each student and parent prior to the beginning of each class. IDLA will investigate suspected cases of plagiarism and inform parents, students, and the local school district when a suspected case arises. (3-15-22)
b. Acceptable use and behavior in a distance-learning environment is determined by local school district's policies IDLA students and parents will be informed by the IDLA AUP specifically governing behavior in an online school. IDLA will provide a copy of the IDLA AUP to the Idaho State Board of Education in the IDLA Annual Report. (3-15-22)
c. In a case of violation of the acceptable use policy or other disciplinary issues, IDLA will notify the local school district. The local school district is responsible for the appropriate disciplinary action. IDLA should be notified by the local school district of any disciplinary action resulting from a student's participation in an IDLA course. (3-15-22)
d. The IDLA Director or designee reserves the right to deny disruptive students access to IDLA courses in the future or remove them from participating in an existing course. Appeals to the denial or removal from a course may be made in writing to the IDLA Board of Directors discussing the circumstances for removal or denial. The IDLA Board of Directors will review the appeal and hold a special board meeting to allow the student an opportunity to speak to the issue. The IDLA Board of Directors will issue a final decision within ten (10) days of the board meeting. (3-15-22)
Idaho Administrative Code › Title IDAPA 08 - Education, Board of and Department of › Rule 08.04.01 - RULES OF THE IDAHO DIGITAL LEARNING ACADEMY › Section 08.04.01.103 - FEES

Current through August 31, 2023
The IDLA fee schedule will be provided to the Idaho State Board of Education in the IDLA Annual Report to the State Board of Education. (3-15-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.01 - RULES OF ADMINISTRATIVE PROCEDURE OF THE DEPARTMENT OF LABOR › Section 09.01.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
These rules are promulgated under Sections
				45-616 and
				72-1333(2), Idaho
				Code. (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.01 - RULES OF ADMINISTRATIVE PROCEDURE OF THE DEPARTMENT OF LABOR › Section 09.01.01.001 - SCOPE

Current through August 31, 2023
These rules govern all procedures for rulemaking, petitions for
				declaratory rulings, and determinations and appeals pursuant to the Employment
				Security Law, Title 72, Chapter 13, Idaho Code, and the Claims for Wages Act,
				Title 45, Chapter 6, Idaho Code, and for other programs administered by the
				Department unless otherwise specified by law. (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.01 - RULES OF ADMINISTRATIVE PROCEDURE OF THE DEPARTMENT OF LABOR › Section 09.01.01.003 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
Administrative appeals from determinations under the Employment
				Security Law and the Claims for Wages Act may be taken as provided in these
				rules and applicable provisions of the Employment Security Law and the Claims
				for Wages Act. (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.01 - RULES OF ADMINISTRATIVE PROCEDURE OF THE DEPARTMENT OF LABOR › Section 09.01.01.004 - PAYMENTS TO THE DEPARTMENT

Current through August 31, 2023
Any payment tendered to the Department will be for collection
				only and will not constitute payment of any amount due until the payment clears
				the appropriate financial institution. Should the Department incur any
				additional expense in the payment collection, the expense will be paid by the
				person who tenders said payment to the Department. (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.01 - RULES OF ADMINISTRATIVE PROCEDURE OF THE DEPARTMENT OF LABOR › Section 09.01.01.010 - DEFINITIONS

Current through August 31, 2023
01.
Appeals Examiner
. A
			 Department hearing officer designated to hear administrative appeals pursuant
			 to the Employment Security Law and the Claims for Wages Act.
			 (3-23-22)
02.
Claims for
			 Wages Act
. The Claims for Wages Act codified at Title 45, Chapter 6,
			 Idaho Code. (3-23-22)
03.
Department
. The Idaho Department of Labor. (3-23-22)
04.
Determination
. Unless the
			 context clearly suggests otherwise, reference to a determination in these rules
			 includes a determination, redetermination, or a revised determination.
			 (3-23-22)
05.
Employment
			 Security Law
. The Employment Security Law codified at Title 72, Chapter
			 13, Idaho Code. (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.01 - RULES OF ADMINISTRATIVE PROCEDURE OF THE DEPARTMENT OF LABOR › Section 09.01.01.015 - EXEMPTION FROM ATTORNEY GENERAL ADMINISTRATIVE PROCEDURE RULES FOR CONTESTED CASES

Current through August 31, 2023
Pursuant to Section
				67-5206(5), Idaho
				Code, the procedures contained in Subchapter B, "Contested Cases," of the Idaho
				Rules of Administrative Procedure of the Attorney General, IDAPA 04.11.01.100
				through 04.11.01.799, do not apply to appeals within the Department. All
				appeals within the Department are governed solely by the provisions of the
				Employment Security Law, the Claims for Wages Act, these rules, and by the
				applicable federal law governing programs administered by the Department.
				(3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.01 - RULES OF ADMINISTRATIVE PROCEDURE OF THE DEPARTMENT OF LABOR › Section 09.01.01.016 - REASONS FOR EXEMPTION FROM ATTORNEY GENERAL'S ADMINISTRATIVE PROCEDURE RULES

Current through August 31, 2023
01.
Unemployment Insurance Benefits and Tax Contribution Proceedings
.
			 Sections 72-1361 and
			 72-1368, Idaho Code, provide that
			 all proceedings to determine the rights to unemployment insurance benefits and
			 tax contribution coverage are exempt from the contested case and judicial
			 review provisions of the Idaho Administrative Procedure Act. Appeals of
			 complaint determinations and other decisions arising within the complaint
			 system or other programs administered by the Department must be determined by
			 the requirements of applicable federal law. Procedures for administrative
			 proceedings and appeals are provided for in the Employment Security Law and
			 these rules. All procedures affecting the rights to benefits and unemployment
			 insurance coverage must be determined solely by the requirements of the
			 Employment Security Law. Such proceedings must be speedy and simple as required
			 by the Federal Unemployment Tax Act and the Social Security Act. The Department
			 determines that it can more adequately meet these requirements through
			 promulgating its own rules rather than relying upon the rules applicable to
			 other state agencies. (3-23-22)
02.
Claims for Wages Proceedings
. All proceedings to determine claims
			 for wages are exempt from the contested case provisions of the Idaho
			 Administrative Procedure Act pursuant to Section
			 45-617(2), Idaho
			 Code. Procedures for administrative proceedings and appeals are provided for in
			 the Claims for Wages Act and these rules. (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.01 - RULES OF ADMINISTRATIVE PROCEDURE OF THE DEPARTMENT OF LABOR › Section 09.01.01.018 - DECLARATORY RULING PROCEDURES

Current through August 31, 2023
Form and Contents of Petitions for Declaratory Rulings on
				Applicability of Statutes or Rules. Any person petitioning for a declaratory
				ruling on the applicability of a statute or Department rule must comply with
				this rule. (3-23-22)
01.
Form of
			 Petition
. The petition must: identify the petitioner and state the
			 petitioner's interest in the matter; state the declaratory ruling that the
			 petitioner seeks; and indicate the statute, or rule, and the factual
			 allegations upon which the petitioner relies to support the petition.
			 (3-23-22)
02.
Legal
			 Assertions
. Citations of cases and/or statutory provisions may accompany
			 the legal assertions in a petition for a declaratory ruling.
			 (3-23-22)
03.
Filing
			 Petition
. A petition for a declaratory ruling on applicability of
			 statutes or rules must be filed with the Director of the Department at 317 Main
			 Street, Boise, Idaho 83735. (3-23-22)
04.
Disposition of Petitions for
			 Declaratory Rulings
. When a petition is received in the form and content
			 required by these rules, the Director or the Director's designee will review
			 the petition contents and request additional information from the petitioner,
			 if necessary, and thereafter rule on the petition and notify the petitioner and
			 any other interested parties in writing of the ruling. (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.01 - RULES OF ADMINISTRATIVE PROCEDURE OF THE DEPARTMENT OF LABOR › Section 09.01.01.025 - WAGE CLAIMS PROCEDURES

Current through August 31, 2023
Administrative procedures for wage claims filed with the
				Department pursuant to the Claims for Wages Act are governed by these rules and
				Section 45-617, Idaho Code.
				(3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.01 - RULES OF ADMINISTRATIVE PROCEDURE OF THE DEPARTMENT OF LABOR › Section 09.01.01.026 - DISMISSAL OF WAGE CLAIMS FOR LACK OF PROSECUTION

Current through August 31, 2023
Wage claimants have a responsibility to seek prompt
				adjudication of their claims. The Department may dismiss, without prejudice,
				wage claims when claimants fail to respond within thirty (30) days to written
				notice from the Department that additional action is required on their part to
				prosecute their claim. The thirty (30) day period for a response begins the
				date the notice is mailed to the wage claimant's last known address. Mailed
				responses are deemed received the date they are postmarked. A wage claim
				dismissed for lack of prosecution may be refiled with the Department subject to
				limitations of Sections
				45-614 and
				45-617(1), Idaho
				Code. (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.01 - RULES OF ADMINISTRATIVE PROCEDURE OF THE DEPARTMENT OF LABOR › Section 09.01.01.027 - WAGE CLAIM AND EMPLOYMENT SECURITY LAW DETERMINATIONS

Current through August 31, 2023
01.
Determinations and Time for Filing
			 Appeals
. Department determinations under the Claims for Wages Act and
			 Employment Security Law must be in writing and contain provisions advising the
			 interested parties of their right to appeal the determination within fourteen
			 (14) days from the date of mailing, or the date of electronic transmission to
			 an electronic-mail address approved by the Department, in accordance with
			 Sections 45-617(5),
			 72-1361 and
			 72-1368(5), Idaho
			 Code, and must contain and clearly identify the mailing address, fax number and
			 electronic address for filing an appeal. The date of mailing or service
			 indicated on the determination shall be deemed the date of service of the
			 determination. A determination is final unless, within fourteen (14) days after
			 notice, as provided in Sections
			 45-617(5)  and
			 72-1368(5), Idaho
			 Code, an appeal is filed by an interested party with the Department in
			 accordance with these rules. If an appeal from a wage claim determination is
			 not timely filed, the amount awarded by a final determination will be
			 immediately due and payable to the Department. (3-23-22)
02.
Appeals Heard By Appeals
			 Examiners
. Appeals from wage claim and Employment Security Law
			 determinations will be heard by an appeals examiner in accordance with the
			 Claims for Wages Act, the Employment Security Law, and these rules.
			 (3-23-22)
03.
Computation of
			 Time
. In computing any time period prescribed or allowed by the
			 Employment Security Law or the Claims for Wages Act, the day of the act, event,
			 or default is not to be included. Saturdays, Sundays, and holidays will be
			 counted during the period, except, if the last day of the period is a Saturday,
			 Sunday, or legal holiday, the period extends to the next business day following
			 the Saturday, Sunday, or legal holiday. (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.01 - RULES OF ADMINISTRATIVE PROCEDURE OF THE DEPARTMENT OF LABOR › Section 09.01.01.035 - APPEALS TO APPEALS EXAMINER - FORM AND MANNER OF FILING OF NOTICES OF APPEAL

Current through August 31, 2023
01.
Form of
			 Notices of Appeal
. Any appeal taken to an appeals examiner pursuant to
			 the Employment Security Law and the Claims for Wages Act must be in writing,
			 signed by an interested party, the appellant or representative, and contain
			 words that, by fair interpretation, request the appeal process for a specific
			 determination or other decision of the Department. (3-23-22)
02.
Filing of Notices of Appeal
.
			 To appeal a determination or other decision of the Department, interested
			 parties must follow these rules and the instructions on the determination or
			 other decision being appealed. If an appeal is delivered personally, the
			 personal delivery date will be noted on the appeal and deemed the date of
			 filing. A faxed or electronically transmitted appeal will be deemed filed on
			 the date received by the Department (mountain time) or, if received on a
			 weekend or holiday, the next business day. If mailed, the appeal will be deemed
			 filed on the date of mailing as determined by the postmark on the envelope
			 containing the appeal, unless a party establishes by a preponderance of the
			 evidence that but for error by the U.S. Postal Service, the envelope would have
			 been postmarked within the period for timely appeal. If such a postal error is
			 established, the appeal will be deemed to be timely filed. Ref. Section
			 72-1368(6), and
			 Section 45-617, Idaho Code.
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.01 - RULES OF ADMINISTRATIVE PROCEDURE OF THE DEPARTMENT OF LABOR › Section 09.01.01.036 - DATE OF SERVICE OF DETERMINATIONS

Current through August 31, 2023
The date indicated on determinations and decisions as the "Date
				of Service" or "Date of Mailing" will be presumed to be the date the document
				was deposited in the United States mail, or the date the document was
				electronically transmitted to an electronic-mail address approved by the
				Department pursuant to Section
				72-1368(5), Idaho
				Code, unless shown otherwise by a preponderance of competent evidence.
				(3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.01 - RULES OF ADMINISTRATIVE PROCEDURE OF THE DEPARTMENT OF LABOR › Section 09.01.01.037 - EFFECT OF DELAY OR ERROR OF POSTAL SERVICE OR DEPARTMENT

Current through August 31, 2023
01.
Department Determinations
.
			 If a party establishes by a preponderance of the evidence that because of delay
			 or error by the U.S. Postal Service, or because of error on the part of the
			 Department, a determination was not delivered to the party's last known
			 address, or transmitted electronically to the party's electronic-mail address
			 approved by the Department, within fourteen (14) days of the date of mailing or
			 service indicated on the determination, the period for filing a timely appeal
			 extends to fourteen (14) days from the date of actual notice.
			 (3-23-22)
02.
Decisions of
			 the Appeals Examiner
. If a party establishes by a preponderance of the
			 evidence that, because of delay or error by the U.S. Postal Service, or because
			 of error on the part of the Department, a decision by an appeals examiner was
			 not delivered to the party's last known address, or transmitted electronically
			 to the party's electronic-mail address approved by the Department, within the
			 time periods prescribed by the Employment Security Law or the Claims for Wages
			 Act for filing an application for rehearing or an appeal to the Industrial
			 Commission, as the case may be, then: (3-23-22)
a. For an application for rehearing that must
			 be filed within ten (10) days of notice of service of a decision, the period
			 for filing a timely application for rehearing extends to ten (10) days from the
			 date of actual notice; and (3-23-22)
b. For an appeal to the Industrial Commission
			 that must be filed within fourteen (14) days of notice of service of a
			 decision, the period for filing a timely appeal extends fourteen (14) days from
			 the date of actual notice. Ref. Section
			 72-1368(5) and
			 (6) and Section
			 45-617(7), Idaho
			 Code. (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.01 - RULES OF ADMINISTRATIVE PROCEDURE OF THE DEPARTMENT OF LABOR › Section 09.01.01.038 - DISMISSAL IF FILING IS LATE

Current through August 31, 2023
Where it appears any appeal (request for hearing) to the
				appeals examiner, or claim, or any other request or application, was not filed
				within the time period prescribed for filing, it will be dismissed on such
				grounds; provided, however, before or after such dismissal, the adversely
				affected interested party will be notified and given an opportunity to show
				that such appeal, claim for review, petition, or other request was timely. If
				it is found that such appeal, claim for review, petition, or other request or
				application was timely, the matter will be decided on the merits. Copies of a
				decision under this section will either be given, mailed, or electronically
				transmitted to an electronic-mail address approved by the Department pursuant
				to Section
				72-1368(5), Idaho
				Code, to all interested parties, together with a clear statement of right of
				appeal or review. Ref. Section
				72-1368 and Section
				45-617, Idaho Code.
				(3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.01 - RULES OF ADMINISTRATIVE PROCEDURE OF THE DEPARTMENT OF LABOR › Section 09.01.01.046 - COMMUNICATION WITH APPEALS STAFF

Current through August 31, 2023
No party involved in an appeal may communicate, either directly
				or indirectly, with appeals examiners, the Chief of the Appeals Bureau, or
				clerical staff of the Appeals Bureau, regarding any issue of fact or law
				relevant to an appeal, unless all parties involved have been provided notice
				and an opportunity to participate in such communication. No person acting on
				behalf of any party, including the Idaho Department of Labor, may attempt to
				influence the disposition of an appeal through such communications. No appeals
				examiner may knowingly cause a communication prohibited by this section to be
				made. (3-23-22)
01.
Prohibition
			 of Ex Parte Contacts
. The prohibition on ex parte contacts contained in
			 this rule applies from the time an appeal is filed pursuant to IDAPA
			 09.01.01.025 or IDAPA 09.01.01.027 until the appeal becomes final and
			 conclusive pursuant to Sections
			 72-1368 and
			 45-617, Idaho Code.
			 (3-23-22)
02.
Issues of
			 Fact
. As used in this rule, the term
"
issue of fact or law
			 relevant to an appeal
"
includes any matter relating to the merits
			 of an appeal but does not include questions of appeals procedure or case status
			 inquiries. Parties may not direct questions of appeals procedure or case status
			 inquiries to the appeals examiner assigned to their case but rather to other
			 appeals examiners, the Chief of the Appeals Bureau (unless he or she is
			 functioning as the appeals examiner in the case), or to clerical staff of the
			 Appeals Bureau. (3-23-22)
03.
Reporting Prohibited Contacts
. An appeals examiner or other
			 Appeals Bureau employee who receives a communication prohibited by this rule
			 must place in the record of the case all such written communications or a
			 memorandum stating the substance of all such oral communications. The Appeals
			 Bureau must send a full copy of the communication to other interested parties
			 to the appeal and allow an appropriate time for the parties to respond.
			 (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.01 - RULES OF ADMINISTRATIVE PROCEDURE OF THE DEPARTMENT OF LABOR › Section 09.01.01.060 - INDUSTRIAL COMMISSION REVIEW OF APPEALS EXAMINER DECISIONS

Current through August 31, 2023
01.
Claim for Review Under the
			 Employment Security Law
. A claim for review of the appeals examiner's
			 decision, as provided in Section
			 72-1368, Idaho Code, must be made
			 in writing, signed by the person claiming the review or by his attorney or
			 agent, and filed with the Idaho Industrial Commission in accordance with rules
			 adopted by the Commission. Ref. Sec. 72-1368(7) Idaho Code. (3-23-22)
02.
Transcripts
. Upon receipt of
			 a notice that a claim for review has been filed with the Industrial Commission,
			 a true and correct transcript of the recorded proceedings must be prepared if
			 ordered by the Commission. Copies of transcripts or recording of the
			 proceedings, together with exhibits received in the case, must be transmitted
			 by the Department to the Commission and provided to all interested parties
			 without charge. (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.01 - RULES OF ADMINISTRATIVE PROCEDURE OF THE DEPARTMENT OF LABOR › Section 09.01.01.065 - JUDICIAL REVIEW OF WAGE CLAIM DECISIONS

Current through August 31, 2023
A claimant or employer aggrieved by a final decision of the
				appeals examiner in a wage claim proceeding may seek judicial review of the
				decision pursuant to Title 67, Chapter 52, Idaho Code, and Section
				45-619, Idaho Code, by timely
				filing a petition for judicial review in a court of competent jurisdiction. The
				Department is not an aggrieved party for purposes of any judicial review
				proceeding and will not be made a party in any petition for judicial review.
				The proper parties in a petition for judicial review are the claimant and the
				employer. (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.08 - RULES ON DISCLOSURE OF EMPLOYMENT SECURITY INFORMATION › Section 09.01.08.000 - LEGAL AUTHORITY

Current through August 31, 2023
These rules are promulgated under Sections
				72-1333 and
				72-1342, Idaho Code.
				(3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.08 - RULES ON DISCLOSURE OF EMPLOYMENT SECURITY INFORMATION › Section 09.01.08.001 - SCOPE

Current through August 31, 2023
These rules address disclosure by the Department of employment
				security information, as defined in Section
				74-106(7), Idaho
				Code. These rules comply with the requirements of 20 CFR Part 603 ,
				"Confidentiality and Disclosure of State Unemployment Compensation
				Information," and the Idaho Public Records Act. (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.08 - RULES ON DISCLOSURE OF EMPLOYMENT SECURITY INFORMATION › Section 09.01.08.003 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
There is no administrative appeal under this chapter. Appeals
				of denials of requests for Department records are governed by the provisions of
				the Idaho Public Records Act. (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.08 - RULES ON DISCLOSURE OF EMPLOYMENT SECURITY INFORMATION › Section 09.01.08.010 - DEFINITIONS

Current through August 31, 2023
01.
Agent
. One who acts for or
			 in the place of an individual or employer by the authority of that individual
			 or employer. (3-23-22)
02.
Employment Security Law
. The act codified at Title 72, Chapter 13,
			 Idaho Code. (3-23-22)
03.
Payment in Advance
. Full payment of all costs before or at the
			 time that employment security information is disclosed to a recipient.
			 (3-23-22)
04.
Public
			 Official
. In accordance with Section
			 72-1342, Idaho Code, a
"
public official
"
is an official, elected official,
			 or a contractor thereof in or for a federal, state, or local government,
			 agency, or public entity within the executive branch of federal, state, or
			 local government, who has responsibility for administering or enforcing a law,
			 including research related to administration of a law. (3-23-22)
05.
Public Records Act
. The act
			 codified at Title 74, Chapter 1, Idaho Code. (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.08 - RULES ON DISCLOSURE OF EMPLOYMENT SECURITY INFORMATION › Section 09.01.08.013 - DISCLOSURE TO THIRD PARTIES WITH WRITTEN, INFORMED CONSENT

Current through August 31, 2023
A person may agree, through written, informed consent, to allow
				a third party to obtain employment security information pertaining to the
				person from the Department, subject to the following terms and conditions:
				(3-23-22)
01.
Informed Consent
			 Release
. (3-23-22)
a. An informed
			 consent release must be signed by the person providing informed consent and
			 dated within one (1) year of the date of the request for access to the records.
			 (3-23-22)
b. In the document, the
			 person providing informed consent must: (3-23-22)
i. Identify the specific records to be
			 disclosed; (3-23-22)
ii.
			 Acknowledge Department files will be accessed to obtain the records;
			 (3-23-22)
iii. List all third
			 parties authorized to access the person's information; and (3-23-22)
iv. Indicate specific purpose(s) of the
			 disclosure and state the records will be used only for the specified
			 purpose(s). If the disclosure is not for purposes of the Employment Security
			 Law, the purpose(s) specified must provide a service or benefit to the person
			 providing informed consent or to administer or evaluate a public program to
			 which informed consent release pertains. (3-23-22)
c. Unless disclosure is for the purposes of
			 the Employment Security Law, the Department will not comply with disclosure
			 requests to a third party on an ongoing basis. Only existing records in the
			 Department's custody as of the date of receipt of the request will be disclosed
			 pursuant to the informed consent release, not records that may be created in
			 the future. (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.08 - RULES ON DISCLOSURE OF EMPLOYMENT SECURITY INFORMATION › Section 09.01.08.020 - COSTS OF DISCLOSURE

Current through August 31, 2023
Unless the disclosure of employment security information is for
				the purposes of the Employment Security Law, the party requesting the
				disclosure must reimburse the Department's costs of disclosure, including staff
				time and processing costs, as follows: (3-23-22)
01.
Private Party
. If the
			 requestor is not a public official, reimbursement must be in advance to the
			 Department unless the disclosure involves an incidental amount of staff time
			 and nominal processing costs. (3-23-22)
02.
Public Official
. If the
			 requestor is a public official, payment to reimburse the Department may be made
			 in advance or by way of billing invoice, as determined by the director, unless
			 the disclosure involves only an incidental amount of staff time and nominal
			 processing costs or there is a reciprocal cost arrangement with the public
			 official. The Department may enter into a reciprocal cost arrangement with a
			 public official when the relative benefits received by each agency through
			 information sharing are approximately equal. (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.08 - RULES ON DISCLOSURE OF EMPLOYMENT SECURITY INFORMATION › Section 09.01.08.021 - SUBPOENAS OF EMPLOYMENT SECURITY INFORMATION

Current through August 31, 2023
01.
Subpoena from Public Official
. Employment security information may
			 be supplied to a public official with subpoena authority after the Department
			 receives a subpoena that is reasonable in nature and scope from the public
			 official. This provision does not apply to subpoenas served on behalf of
			 private parties to civil or criminal proceedings to which the Department is not
			 a party. (3-23-22)
02.
Subpoena from Private Party
. If the Department is served with a
			 subpoena on behalf of a private party to a civil or criminal proceeding to
			 which the Department is not a party and the private party is not entitled to
			 access the information pursuant to Section
			 011 of these rules, the Department
			 will move to quash the subpoena and attempt to recover costs if other means of
			 avoiding unauthorized disclosure of the information have been unsuccessful or
			 the court has not already ruled on the disclosure. (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.08 - RULES ON DISCLOSURE OF EMPLOYMENT SECURITY INFORMATION › Section 09.01.08.022 - RECORDS REQUESTS SUBMITTED BY ELECTRONIC MAIL

Current through August 31, 2023
The Department will only accept records requests sent via
				e-mail to records_requests@labor.idaho.gov, unless an alternate method of
				transmittal is necessary to comply with applicable law or the request is for
				employment security information. Records requests sent to any other Department
				electronic mail address will not be accepted. A person making a records request
				must include the requestor's name, mailing address, and telephone number. If
				the request is for employment security information, the person may be required
				to provide identification to the Department. For security reasons, the
				Department will not disclose employment security information via electronic
				mail. (3-23-22)
Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.30 - UNEMPLOYMENT INSURANCE BENEFITS ADMINISTRATION RULES › Section 09.01.30.002 - ADMINISTRATIVE APPEALS

Current through August 31, 2023
Administrative appeals under this chapter are governed by
				Section 72-1368, Idaho Code and IDAPA
				09.01.01, "Rules of Administrative Procedure of the Department of Labor."
				(3-23-22)