reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › PREHEARING CONFERENCES › Section 31.01.01.215 - CONFERENCE PROCEEDINGS PRIVILEGED

Current through August 31, 2023
Facts disclosed, offers made and all other aspects of
						negotiation (except agreements reached) in prehearing conferences are
						privileged and are not part of the record. Except by agreement, facts disclosed
						cannot be used against participating parties, before the Commission or
						elsewhere, unless proved by independent evidence. Offers made and other aspects
						of negotiations or settlement other than a final agreement itself are
						privileged. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › DISCOVERY - RELATED PREHEARING PROCEDURE › Section 31.01.01.221 - KINDS AND SCOPE OF DISCOVERY

Current through August 31, 2023
The kinds of discovery recognized and authorized by these
						rules are: (3-31-22)
01.
Depositions
. (3-31-22)
02.
Production Requests or Written Interrogatories
.
					 (3-31-22)
03.
Requests for
					 Admission
. (3-31-22)
04.
Subpoenas
. (3-31-22)
05.
Statutory Examination and
					 Audit
. Unless otherwise provided by these rules, order, or notice, the
					 scope and procedure of discovery, other than statutory examination and audit,
					 is governed by the Idaho Rules of Civil Procedure. (See Idaho Rule of Civil
					 Procedure 26(b)). (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › DISCOVERY - RELATED PREHEARING PROCEDURE › Section 31.01.01.222 - DISCOVERY AUTHORIZED

Current through August 31, 2023
The Commission, individual Commissioners, and all parties
						to a proceeding have a right of discovery of all other parties to a proceeding.
						The Commission may by order authorize or compel necessary discovery not listed
						in these rules. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › DISCOVERY - RELATED PREHEARING PROCEDURE › Section 31.01.01.223 - RIGHTS TO DISCOVERY RECIPROCAL

Current through August 31, 2023
All parties to a proceeding and the Commission Staff have
						a right of discovery of all other parties to the proceeding and the Commission
						Staff according to these rules. The Commission may by order direct further
						discovery not provided by these rules. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › DISCOVERY - RELATED PREHEARING PROCEDURE › Section 31.01.01.224 - DEPOSITIONS

Current through August 31, 2023
Depositions may be taken in accordance with Section
						61-605, Idaho Code, and the Idaho
						Rules of Civil Procedure for any purpose allowed by statute, Idaho Rule of
						Civil Procedure, rule of the Commission, order or notice. Depositions may be
						taken of expert witnesses notwithstanding contrary provisions of the Idaho
						Rules of Civil Procedure. Depositions rather than production requests or
						written interrogatories should be used to obtain statements of opinion or
						policy not previously written or published. Unless otherwise provided by order
						or notice or agreed to by the deponent or the deponent's attorney, notice of
						deposition must be given at least fourteen (14) days before deposition is
						taken. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › DISCOVERY - RELATED PREHEARING PROCEDURE › Section 31.01.01.225 - PRODUCTION REQUESTS OR WRITTEN INTERROGATORIES AND REQUESTS FOR ADMISSION

Current through August 31, 2023
01.
When Requests May Be Used
.
					 Production requests or written interrogatories and requests for admission may
					 be taken in accordance with the Idaho Rules of Civil Procedure for any purpose
					 allowed by statute, Idaho Rule of Civil Procedure, rule of the Commission,
					 order or notice, except: (3-31-22)
a.
					 Production requests or written interrogatories should not be used to obtain
					 statements of opinion or policy not previously written or published and may be
					 objected to on that ground; and (3-31-22)
b. Requests for admission concerning a matter
					 of opinion or policy or the application of law, order or rule to fact may be
					 denied generally and the reasons for denial required to be discovered by
					 deposition rather than by request for admission, but a request for admission on
					 any matter of opinion or policy or application of law to fact on an uncontested
					 matter must be answered. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › DISCOVERY - RELATED PREHEARING PROCEDURE › Section 31.01.01.226 - SUBPOENAS

Current through August 31, 2023
01.
Issuance of Subpoenas
. Upon
					 a motion in writing, or upon a Commissioner's own initiative without motion,
					 any Commissioner may issue subpoenas requiring: (3-31-22)
a. The attendance of a witness from any place
					 in Idaho; (3-31-22)
b. The
					 production of documents from any place in Idaho; or (3-31-22)
c. The production of any books, accounts,
					 papers or records of a utility or carrier kept within or without Idaho to any
					 designated place of deposition, hearing or investigation for the purpose of
					 taking testimony or examining documents before the Commission, a Commissioner
					 or hearing examiner. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › DISCOVERY - RELATED PREHEARING PROCEDURE › Section 31.01.01.227 - STATUTORY EXAMINATION AND AUDIT - CONTRASTED WITH OTHER DISCOVERY

Current through August 31, 2023
Statutory examination and audit refers to the right of
						the Commission, an individual Commissioner, or Commission Staff to review and
						inspect the books, records and premises of regulated utilities and carriers
						pursuant to statute. This right of statutory examination and audit is
						independent of any right of discovery in formal proceedings and may be
						exercised whether or not a formal proceeding is ongoing or a regulated utility
						or carrier is party to a formal proceeding before the Commission. Information
						obtained from statutory examination and audit may be used in formal proceedings
						or for any other regulatory purpose. The rights of deposition, production
						request or written interrogatory, request for admission, and subpoenas can be
						used by parties only in connection with formal proceedings before the
						Commission. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › DISCOVERY - RELATED PREHEARING PROCEDURE › Section 31.01.01.228 - ANSWERS TO PRODUCTION REQUESTS OR WRITTEN INTERROGATORIES AND TO REQUESTS FOR ADMISSION

Current through August 31, 2023
01.
When
					 Answers Not Filed
. Answers to production requests or written
					 interrogatories and to requests for admission need not be filed and served in
					 the following circumstances: (3-31-22)
a.
					 Voluminous answers may be filed in a depository designated and agreed to by the
					 parties or designated by the Commission, and an explanation notifying the
					 parties of the availability of the answers at the depository must be filed and
					 served in their stead. (3-31-22)
b.
					 Answers involving data compiled by computer may be transmitted in
					 computer-readable form (e.g., by disk or other mutually agreed means) to the
					 party requesting them and to all other parties requesting them in similar
					 computer-readable forms and an explanation notifying the parties of their
					 distribution must be filed and served in their stead.
					 (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › DISCOVERY - RELATED PREHEARING PROCEDURE › Section 31.01.01.229 - FILING AND SERVICE OF DISCOVERY AND RELATED DOCUMENTS

Current through August 31, 2023
Deposition notices, production requests or written
						interrogatories, requests for admission, and corresponding answers, and
						objections must be filed with the Commission Secretary and served on all
						parties according to Rules
						61,
						62,
						63, and
						64. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › DISCOVERY - RELATED PREHEARING PROCEDURE › Section 31.01.01.230 - EXHIBIT NUMBERS - PREPARED TESTIMONY AND EXHIBITS

Current through August 31, 2023
The Commission Secretary assigns exhibit numbers to each
						party. Applicants, petitioners, or complainants are assigned exhibit nos.
						1-100. If the Commission is complainant, the Staff is assigned exhibit nos.
						1-100. In all other cases, the Staff is assigned exhibit nos. 101-200.
						Respondents and intervenors are assigned exhibit nos. 201-300, 301400, etc., as
						they make their first pleading, but the lower series are reserved first for
						respondents, then for intervenors. These assigned numbers should be used in all
						prepared testimony. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › DISCOVERY - RELATED PREHEARING PROCEDURE › Section 31.01.01.231 - PREPARED TESTIMONY AND EXHIBITS

Current through August 31, 2023
01.
Prepared
					 Testimony May Be Required
. Order, notice or rule may require a party or
					 parties to submit prepared testimony and exhibits to be presented at hearing.
					 (3-31-22)
02.
Format for
					 Prepared Testimony
. (3-31-22)
a.
					 Prepared testimony and exhibits must be accompanied by a cover sheet showing
					 the case caption and case title, the person testifying, the party for whom the
					 testimony is offered, and the nature of the testimony (direct, rebuttal, etc.).
					 (3-31-22)
b. The first page of
					 prepared testimony should contain testimony only (i.e., it should begin with
					 the first question to the witness and not repeat the information on the cover
					 page). (3-31-22)
c. Prepared
					 testimony must be submitted on white eight and one-half by eleven inch (8-1/2"
					 x 11") paper, be double-spaced (except for quoted material and tables or other
					 collections of numerical data), and contain no more than ten (10) characters
					 per inch and no less than twenty-five (25) lines of double-spaced testimony or
					 more than thirty (30) lines per page. Each page may be printed on the front and
					 back (duplexed). (3-31-22)
d. Each
					 line of prepared testimony must be numbered at the left margin (except
					 single-spaced quotations or tables of numerical data, which may be numbered at
					 the left margin as though they were double-spaced). Each page of testimony must
					 have a one and one-half (1-1/2) inch left margin that will allow the page to be
					 bound on its left side without obscuring the printed material. Indentations for
					 paragraphing and for "Q" and "A" must be seven (7) spaces. (3-31-22)
e. Each page of prepared testimony must be
					 numbered at the lower right corner and must be blank in the center of the
					 bottom margin to allow the reporter to insert transcript page numbers there.
					 Each page of prepared testimony must have at least a one-inch (1") top and
					 bottom margin. (3-31-22)
f. Each
					 page of prepared testimony must contain the witness's surname followed by the
					 designation "Di" (signifying direct testimony) or "Di-Reb" (signifying direct
					 testimony on rebuttal) and the name of the party sponsoring the testimony
					 printed in the lower right margin. For example, the marginal notation on page 5
					 of the testimony of the witness Lynn Accountant of ABC Company would be:
5
or
Accountant, Di 5
Accountant, Di
ABC Company
ABC Company
(3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › DISCOVERY - RELATED PREHEARING PROCEDURE › Section 31.01.01.232 - SANCTIONS FOR FAILURE TO OBEY ORDER COMPELLING DISCOVERY

Current through August 31, 2023
The Commission may impose all sanctions recognized by the
						Public Utilities Law for failure to comply with an order compelling discovery.
						(3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › DISCOVERY - RELATED PREHEARING PROCEDURE › Section 31.01.01.233 - ASSERTIONS THAT DISCOVERED MATERIAL IS PROTECTED FROM PUBLIC INSPECTIONS - PROCEDURES

Current through August 31, 2023
01.
Assertion of Protection
. Whenever any party to a discovery request
					 believes that material otherwise discoverable is protected by statute or rule
					 of law from inspection, examination or copying by the general public, the
					 attorney for the party asserting the material is protected by law from
					 inspection, examination or copying must state that the answer or some portion
					 of it is protected, citing the specific statute or other legal authority for
					 that position. The attorney's assertion constitutes a representation that the
					 attorney is familiar with the material claimed not to be available for public
					 inspection, examination and copying and in good faith believes there is a basis
					 in law for that claim. (3-31-22)
02.
Procedures
. When an answer
					 contains material, some of which is protected by law from public inspection,
					 examination, and copying and some of which is not, the protected material must
					 be reproduced on yellow paper and separated from material available for public
					 review. Each page of the material exempt from public review must be marked
					 "Trade Secrets" or "Confidential." All material exempt from public review shall
					 be filed with the Commission Secretary and served on all parties under seal
					 pursuant to Rule 229. Material
					 exempt from public review shall be separately stored in a secure location with
					 limited access and safeguarded from unauthorized disclosure. All material for
					 which no assertion of protection against public inspection, examination and
					 copying is made will be placed in files available for public inspection.
					 (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › DISCOVERY - RELATED PREHEARING PROCEDURE › Section 31.01.01.234 - ASSERTION OF RIGHT AGAINST SELF-INCRIMINATION DURING DISCOVERY - IMMUNITY

Current through August 31, 2023
01.
Assertion of Right
. During
					 discovery any person may assert the right not to testify or not to produce
					 documents upon the ground that the testimony or production of documents may
					 tend to incriminate or subject them to penalty or forfeiture.
					 (3-31-22)
02.
Granting of
					 Immunity
. The Commission or any Commissioner may direct that person to
					 testify or produce documents by written order or upon the record at hearing. In
					 such case, that person shall not be prosecuted, punished or subjected to any
					 forfeiture or penalty for or on account of any act, transaction, matter or
					 thing concerning which they shall under oath have testified or produced
					 documentary evidence: provided, that no person so testifying shall be exempt
					 from prosecution or punishment for any perjury committed in that testimony.
					 (3-31-22)
03.
No Immunity
					 Without Assertion of Right
. No immunity is granted under this rule or
					 under Section
					 61-606, Idaho Code, absent of a
					 specific assertion of the persons' rights under Section
					 61-606, Idaho Code, and the
					 Commission's or a Commissioner's written order or direction on the record at
					 hearing compelling the person to testify or produce written documents and
					 immunizing the person from prosecution, punishment, forfeiture or penalty
					 according to this rule and Section
					 61-606, Idaho Code. No immunity
					 granted under this rule or Section
					 61606, Idaho Code, shall extend
					 to any public utility. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › DISCOVERY - RELATED PREHEARING PROCEDURE › Section 31.01.01.235. - 240 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › HEARINGS - MISCELLANEOUS PROCEDURE › Section 31.01.01.241 - NOTICE OF HEARING

Current through August 31, 2023
01.
Timing of
					 Notice
. Notice of the place, date and hour of hearing will be served at
					 least fourteen (14) days, or in the case of formal complaints, twenty-one (21)
					 days, before the time set for hearing, unless the Commission finds by order
					 that the public necessity requires the hearing to be held earlier.
					 (3-31-22)
02.
Contents of
					 Notice
. Notices must comply with Rule
					 242 's requirements. Notices must
					 list the names of the parties (or the lead parties if the parties are too
					 numerous to name), the case number, and the name of the hearing officer who
					 will conduct the hearing if the case will not be heard by one (1) or more
					 Commissioners. If no document previously issued by the Commission has listed
					 the legal authority of the Commission to conduct the hearing, the notice of
					 hearing must do so. The notice of hearing shall state that the hearing will be
					 conducted under these Rules of Procedure and inform the parties where they may
					 read or obtain a copy. (3-31-22)
03.
Locations of Hearing
.
					 Hearings may be held in Boise, Idaho, or at other places designated by notice
					 or order. (3-31-22)
04.
Types of Formal Hearings
. The Commission generally conducts two (2)
					 types of formal public hearings. (3-31-22)
a.
					 A technical hearing is a public hearing where parties present witnesses and
					 their prepared testimony and exhibits. (3-31-22)
b. A customer hearing is a public hearing for
					 customers, public officials, and other persons not related to parties in the
					 case to provide testimony. Unless otherwise ordered by the presiding officer,
					 parties are prohibited from presenting evidence at the customer hearing.
					 (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › HEARINGS - MISCELLANEOUS PROCEDURE › Section 31.01.01.242 - FACILITIES AT OR FOR HEARING AND ADA REQUIREMENTS

Current through August 31, 2023
All hearings must be held in facilities meeting the
						accessibility requirements of the Americans with Disabilities Act (ADA). All
						notices of hearing must inform the parties that the hearing will be conducted
						in facilities meeting the ADA accessibility requirements. All notices of
						hearing must inform the parties and other persons notified that if they require
						assistance of the kind that the Commission is required to provide under the ADA
						(e.g., sign language interpreters, Braille copies of documents) in order to
						participate in or understand the hearing, the Commission will supply that
						assistance upon request made seven (7) days before hearing. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › HEARINGS - MISCELLANEOUS PROCEDURE › Section 31.01.01.243 - HOW HEARINGS ARE HELD

Current through August 31, 2023
01.
All
					 Hearings Presumed Open
. All Commission hearings are open to the public
					 except when a hearing may be partially closed to safeguard trade secrets or
					 other confidential information protected from public disclosure. If parties
					 intend to cross-examine or offer testimony that may necessitate the partial
					 closure of a hearing, they shall advise the Commission or presiding officer at
					 the beginning of the hearing or as soon as thereafter as practical. The
					 Commission disfavors closed hearings and parties shall take all reasonable
					 measures to avoid the need to close a public hearing. Such measures include:
					 (3-31-22)
a. Using references to page and line
					 or column numbers; (3-31-22)
b.
					 Using summaries or generalizations; (3-31-22)
c. Stipulating that the evidence be offered
					 in the public hearing; or (3-31-22)
d. Offering testimony in writing.
					 (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › HEARINGS - MISCELLANEOUS PROCEDURE › Section 31.01.01.245 - CONFERENCE AT HEARING

Current through August 31, 2023
The presiding officer may convene the parties before
						hearing or recess the hearing to discuss formulation or simplification of the
						issues, admissions of fact or identification of documents to avoid unnecessary
						proof, exchanges of documents, exhibits or prepared testimony, limitation of
						witnesses, establishment of order of procedure, and other matters that may
						expedite orderly conduct of the hearing. The presiding officer should state the
						results of the conference on the record. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › HEARINGS - MISCELLANEOUS PROCEDURE › Section 31.01.01.246 - PRELIMINARY PROCEDURE AT HEARING

Current through August 31, 2023
Before taking evidence, the presiding officer should 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. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › HEARINGS - MISCELLANEOUS PROCEDURE › Section 31.01.01.247 - CONSOLIDATION OF PROCEEDINGS

Current through August 31, 2023
The Commission may consolidate two (2) or more
						proceedings for hearing when it finds that they present related issues and that
						the parties' rights will not be prejudiced. In consolidated hearings the
						presiding officer determines the order of the proceeding. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › HEARINGS - MISCELLANEOUS PROCEDURE › Section 31.01.01.248 - STIPULATIONS

Current through August 31, 2023
Parties may stipulate among themselves to any fact at
						issue by written statement filed with the Commission Secretary or presented at
						hearing or by oral statement on the hearing record. The Commission may regard a
						stipulation as evidence, but the Commission may require proof by evidence of
						the facts stipulated. The Commission is not bound to adopt the parties'
						stipulation, but may by order do so. If the Commission rejects a stipulation,
						it will do so before issuing a final order, and it will provide an additional
						opportunity for the parties to present evidence and arguments on the subject
						matter of the rejected stipulation. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › HEARINGS - MISCELLANEOUS PROCEDURE › Section 31.01.01.249 - PROCEDURAL SEQUENCE

Current through August 31, 2023
01.
Evidence
					 Presentation
. Parties' evidence will ordinarily be introduced in this
					 sequence: (3-31-22)
a. Upon applications:
					 (3-31-22)
i. Applicant; (3-31-22)
ii. Intervenors; (3-31-22)
iii. Commission Staff; and
					 (3-31-22)
iv. Rebuttal by
					 applicant. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › HEARINGS - MISCELLANEOUS PROCEDURE › Section 31.01.01.250 - TESTIMONY UNDER OATH

Current through August 31, 2023
All testimony will be under oath, with each witness
						swearing/affirming that their testimony is truthful. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › HEARINGS - MISCELLANEOUS PROCEDURE › Section 31.01.01.251 - SIMILARLY INTERESTED PARTIES AND PERSONS

Current through August 31, 2023
If two (2) or more parties or persons have substantially
						like interests or positions, to expedite the proceeding and avoid duplication
						the presiding officer may limit the number of them who testify, examine
						witnesses, or make and argue motions and objections. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › HEARINGS - MISCELLANEOUS PROCEDURE › Section 31.01.01.252 - CONTINUANCES

Current through August 31, 2023
The Commission or presiding officer may continue
						hearings. When a hearing for an application described by Rule
						121 is continued per applicant
						request, the applicant may be required, as a condition of granting the motion
						for continuance, to consent to an order tolling the running of any suspension
						period if the Commission ultimately finds that a final order cannot be issued
						within the suspension period because the applicant's request for a continuance
						was granted. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › HEARINGS - MISCELLANEOUS PROCEDURE › Section 31.01.01.253 - RULINGS AT HEARINGS

Current through August 31, 2023
The presiding officer rules on motions presented at
						hearing. The full Commission may review the presiding officer's rulings in
						determining the matter on its merits. In extraordinary circumstances, the
						presiding officer may refer or defer these matters to the full Commission for
						determination. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › HEARINGS - MISCELLANEOUS PROCEDURE › Section 31.01.01.254 - ORAL ARGUMENT

Current through August 31, 2023
The Commission may set and hear oral argument on any
						matter before it on reasonable notice. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › HEARINGS - MISCELLANEOUS PROCEDURE › Section 31.01.01.255 - BRIEFS - PROPOSED ORDERS OF THE PARTIES - STATEMENTS OF POSITION - PROPOSED ORDER OF THE COMMISSION

Current through August 31, 2023
In any proceeding, any party may move to file briefs,
						memoranda, proposed orders of the parties or statements of position, and the
						Commission or presiding officer may request briefs, proposed orders of the
						parties, or statements of position. The Commission or presiding officer may
						issue a proposed order and ask the parties for comment upon the proposed order.
						(3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › HEARINGS - MISCELLANEOUS PROCEDURE › Section 31.01.01.256 - PROCEDURE ON MOTIONS

Current through August 31, 2023
01.
Argument
. The Commission may consider and decide prehearing motions with
					 or without oral argument or hearing. If oral argument or hearing on a motion is
					 requested and denied, the Commission must state its grounds for denying the
					 request. (3-31-22)
02.
Requirements for Motion for Expeditious Substantive Relief
. A motion
					 requesting substantive relief on fewer than fourteen (14) days' notice will not
					 be acted upon on fewer than fourteen (14) days' notice unless it states:
					 (3-31-22)
a. The facts supporting its request
					 to act on shorter notice; and (3-31-22)
b.
1) That
					 at least one (1) representative of all parties has received actual notice, by
					 telephone or personal delivery of the motion; or
2) stating the efforts made to reach
					 representatives of those parties not contacted and what efforts will continue
					 to be made to contact them. Except as otherwise provided in this paragraph, the
					 Commission will allow at least two (2) days (excluding Saturdays, Sundays and
					 legal holidays) after notification by telephone or actual receipt of the motion
					 for parties to inform the Commission Secretary, either in writing personally
					 delivered to the Secretary or by telephone, whether they support or oppose the
					 motion and whether they desire to be heard on the motion in person, in writing
					 or by telephone. Except in extraordinary circumstances where the Commission
					 states good cause for ruling on a motion without allowing two (2) days for
					 parties to state their positions or to present their position on the motion
					 either in person, in writing or by telephone, the Commission will not rule on a
					 substantive motion. Whenever an order is issued in such extraordinary
					 circumstances, it will expire in no more than seven (7) days.
					 (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › HEARINGS - MISCELLANEOUS PROCEDURE › Section 31.01.01.257 - JOINT HEARINGS

Current through August 31, 2023
When the Commission participates jointly with a federal
						regulatory agency, the rules of practice and procedure of the federal agency
						govern. When the Commission participates jointly with an administrative body of
						another state or other states, the rules of the state where the hearing is held
						govern unless otherwise agreed upon by the participating agencies. Any person
						entitled to appear in a representative capacity for any of the agencies
						involved in a joint hearing may do so in such joint hearing. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › HEARINGS - MISCELLANEOUS PROCEDURE › Section 31.01.01.258 - COMMISSIONERS - HEARING EXAMINERS - PROCEDURE

Current through August 31, 2023
01.
Officers Holding Hearings
. Hearings are held before one (1) or more
					 Commissioners or one (1) or more hearing examiners appointed by the Commission.
					 The presiding officer is designated by the Commission. Any Commissioner or
					 hearing examiner may administer oaths. (3-31-22)
02.
Procedure When Hearing Examiner
					 Holds Hearing
. When a hearing examiner hears a proceeding, the examiner
					 must prepare and file recommended findings of fact with the Commission
					 Secretary and serve copies on all parties of record within fourteen (14) days
					 after receiving the hearing record, unless the examiner's recommended findings
					 are stated on the record at hearing. Unless otherwise provided by order or
					 notice, the Commission will issue its decision based upon its review of the
					 record and of the examiner's recommended findings of fact. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › HEARINGS - MISCELLANEOUS PROCEDURE › Section 31.01.01.259 - ASSERTION OF RIGHT AGAINST SELF-INCRIMINATION AT HEARING - IMMUNITY

Current through August 31, 2023
01.
Assertion of Right
. At
					 hearing any person may assert the right not to testify or not to produce
					 documents upon the ground that the testimony or production of documents may
					 tend to incriminate the person or subject him or her to penalty or forfeiture.
					 (3-31-22)
02.
Granting of
					 Immunity
. The Commission or any Commissioner may direct that person to
					 testify or produce the document by written order or on the record at hearing.
					 In such case, that person shall not be prosecuted, punished, or subjected to
					 any forfeiture or penalty for or because of any act, transaction, matter, or
					 thing concerning which the person shall under oath have testified or produced
					 documentary evidence: provided, that no person so testifying shall be exempt
					 from prosecution or punishment for any perjury committed by the person in that
					 testimony. (3-31-22)
03.
No
					 Immunity Without Assertion of Right
. No immunity is granted under this
					 rule or Section 61606,
					 Idaho Code, unless the person specifically asserts their rights under Section
					 61-606, Idaho Code, and the
					 Commission's or a Commissioner order in writing or directs on the record at
					 hearing that the person must testify or produce written documents and shall be
					 immunized from prosecution, punishment, forfeiture or penalty according to this
					 rule and Section
					 61-606, Idaho Code. No immunity
					 shall extend to a public utility. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › HEARINGS - MISCELLANEOUS PROCEDURE › Section 31.01.01.260 - SUMMARY OF POSITION(S) AND TESTIMONY

Current through August 31, 2023
Each utility shall make available to the public at all
						Commission hearings a brief written summary of the utility's position(s) and
						testimony filed in the case under consideration except when the Commission has
						determined that a summary is not necessary. If the utility is requesting a rate
						increase, its summary shall address the utility's need for additional revenue,
						the total dollar amount requested, and the proposed percentage increase or
						decrease in rates for each major customer class. The Commission Staff and
						intervenors shall also provide a brief summary of their recommendations and the
						testimony filed in the case under consideration. These summaries and
						presentations are provided solely for the convenience of the public and will
						not be allowed as evidence or form the basis for cross-examination of any
						witness. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › EVIDENCE › Section 31.01.01.261 - RULES OF EVIDENCE - EVALUATION OF EVIDENCE

Current through August 31, 2023
The Idaho Rules of Evidence do not bind the presiding
						officer at hearing. No informality in a proceeding or in how testimony is taken
						invalidates any order made, approved, or confirmed by the Commission. The
						Commission generally follows rules on the admissibility of evidence that an
						Idaho district court would use in non-jury civil cases. But evidence (including
						hearsay) not admissible in non-jury civil cases may be admitted to determine
						facts not reasonably susceptible of proof under the Idaho Rules of Evidence.
						The presiding officer, with or without objection, may exclude evidence that is
						irrelevant, unduly repetitious, inadmissible on constitutional or statutory
						grounds, or inadmissible based on any evidentiary privilege recognized in Idaho
						courts, and order the presentation of such evidence to stop. All other evidence
						may be admitted if it is a type generally relied upon by prudent persons when
						conducting their affairs. The Commission may use its expertise, technical
						competence and special knowledge when evaluating evidence. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › EVIDENCE › Section 31.01.01.262 - DOCUMENTARY EVIDENCE - INTRODUCTION OF RECORDS IN THE COMMISSION SECRETARY'S OFFICIAL FILE

Current through August 31, 2023
Documentary evidence may be received in the form of
						copies or excerpts. Upon request, parties shall be given an opportunity to
						compare the copy with the original if available. When a party offers in
						evidence any portion of a transcript, exhibit, or other record from another
						Commission proceeding the part offered must be specifically described and, if
						admitted, will be made an exhibit. The party offering the exhibit must comply
						with Rule 267. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › EVIDENCE › Section 31.01.01.263 - OFFICIAL NOTICE

Current through August 31, 2023
01.
Matters
					 That May Be Officially Noticed
. The Commission may officially note at
					 hearing and in its orders: (3-31-22)
a. Its
					 own orders, notices, rules, certificates and permits, and those of any other
					 regulatory agency, state or federal; (3-31-22)
b. Matters of common knowledge, technical,
					 financial, or scientific facts established and published in accepted
					 authorities or in the Commission's specialized knowledge, and matters
					 judicially noticeable; and (3-31-22)
c. Data in periodic reports utilities filed
					 with the Commission or federal regulatory agencies.
					 (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › EVIDENCE › Section 31.01.01.264 - DEPOSITIONS

Current through August 31, 2023
Depositions may be offered into evidence as allowed by
						Section 61-605, Idaho Code, and the Idaho
						Rules of Civil Procedure. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › EVIDENCE › Section 31.01.01.265 - OBJECTIONS - OFFERS OF PROOF

Current through August 31, 2023
Grounds for objection to the admission or exclusion of
						evidence must be stated briefly when the evidence is offered. Formal exceptions
						to rulings admitting or excluding evidence are unnecessary and need not be
						taken. An offer of proof consists of a statement of the substance of the
						excluded evidence. When a party objects to the admission of evidence, the
						presiding officer may rule on the objection, receive the evidence subject to
						the later ruling by the full Commission or refer the objection to the full
						Commission. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › EVIDENCE › Section 31.01.01.266 - PREPARED TESTIMONY

Current through August 31, 2023
If a witness's prepared testimony has been timely filed
						and previously made available to all parties the presiding officer may order
						that it be incorporated in the transcript as if read. Without objection, the
						presiding officer may direct other prepared testimony to be incorporated in the
						transcript as if read. Admissibility of prepared testimony is subject to the
						Rule 261. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › SETTLEMENTS › Section 31.01.01.271 - PASSIVE SETTLEMENTS

Current through August 31, 2023
Settlements in formal proceedings in which a party agrees
						to concur in, accept, or not to oppose another party's positions previously on
						record with the Commission are called passive settlements. Any party may reach
						a passive settlement with any other party on any issue without prior
						notification to the Commission or any other party. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › SETTLEMENTS › Section 31.01.01.272 - PROCEDURES FOR ACTIVE SETTLEMENTS

Current through August 31, 2023
Settlements in formal proceedings in which one (1) or
						more parties negotiate an agreement differing from positions of one (1) or more
						of the parties previously on record with the Commission are called active
						settlements. Any party other than the Commission Staff may enter into an active
						settlement with any party other than the Commission Staff without prior
						notification to the Commission or other parties. The Commission Staff, however,
						is precluded from entering into an active settlement without first notifying
						all other parties and the Commission that it intends to begin or has begun
						settlement negotiations. The Commission Staff must give all other parties an
						opportunity to participate in or be apprised of the course of the settlement
						negotiations before a final settlement agreement is reached. Settlement
						negotiations are confidential, unless all participants to the negotiation agree
						to the contrary. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › SETTLEMENTS › Section 31.01.01.273 - SUGGESTION FOR OR INQUIRY ABOUT SETTLEMENTS

Current through August 31, 2023
Through notice or order or on the record at prehearing
						conference or hearing, the Commission or an individual Commissioner may inquire
						of the parties in any proceeding whether settlement negotiations are in
						progress or contemplated or invite settlement of an entire proceeding or
						certain issues. In issuing such an invitation for settlement, the Commission or
						an individual Commissioner may indicate acceptable ranges of settlement,
						preclude certain issues from settlement, or otherwise inform the parties of
						his, her or their views on settlement in aid of securing a just, speedy and
						economical determination of the issues presented to the Commission. Neither the
						Commission nor individual Commissioners will indicate ex parte their views on
						the merits of any proposed settlement. (3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › SETTLEMENTS › Section 31.01.01.274 - CONSIDERATION OF SETTLEMENTS

Current through August 31, 2023
Settlements must be reviewed under this rule. When a
						settlement, be it active or passive, is presented to the Commission, the
						Commission will prescribe procedures appropriate to the nature of the
						settlement to consider the settlement. For example, the Commission may
						summarily accept settlement of an essentially private dispute that has no
						significant implications for regulatory law or policy or for other utilities or
						customers upon the written request of the affected parties. On the other hand,
						when one (1) or more parties to a proceeding is not party to the settlement or
						when the settlement presents issues of significant implication for other
						utilities, other customers or the public interest, the Commission may convene
						an evidentiary hearing to consider the reasonableness of the settlement and
						whether acceptance of the settlement is just, fair, and reasonable, in the
						public interest, or otherwise in accordance with law or regulatory policy.
						(3-31-22)
Idaho Administrative Code › Title IDAPA 31 - Public Utilities Commission › Rule 31.01.01 - RULES OF PROCEDURE OF THE IDAHO PUBLIC UTILITIES COMMISSION › Subchapter B - CONTESTED CASES › Part 3 - POST-PLEADING PROCEDURE › SETTLEMENTS › Section 31.01.01.275 - BURDENS OF PROOF

Current through August 31, 2023
Proponents of a proposed settlement carry the burden of
						showing that the settlement is reasonable, in the public interest, or otherwise
						in accordance with law or regulatory policy. In any instance in which parties
						or affected persons oppose the settlement, proponents of the settlement should
						be prepared to call witnesses and argue in favor of the settlement. Opponents
						of the settlement should be prepared to examine supporting witnesses, offer
						their own witnesses, or argue against the settlement. The Commission may
						require the development of an appropriate record in support of or opposition to
						a proposed settlement as a condition of accepting or rejecting the settlement.
						(3-31-22)