reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 36 - Tax Appeals, Idaho Board of › Rule 36.01.01 - IDAHO BOARD OF TAX APPEALS RULES › Section 36.01.01.106 - PRESIDING OFFICER

Current through August 31, 2023
Any member of the Board or assigned hearing officer may preside at the hearing and shall have power to: (4-6-23)
01.
Oath or Affirmation
. Administer oaths or affirmations, call a party or other person present at hearing as a witness, examine witnesses and receive evidence; (4-6-23)
02.
Hearing
. Regulate the course of the hearing and maintain an orderly proceeding; (4-6-23)
03.
Motions
. Dispose of procedural requests, motions or similar matters; (4-6-23)
04.
Certification by Board
. Make decisions or proposals for decisions subject to certification by a majority of the Board; (4-6-23)
05.
Official Record
. Develop a full and accurate record and certify the record of said appeal on behalf of the Board; and (4-6-23)
06.
Other Action
. Take any other appropriate action reasonable under the circumstances. (4-6-23)
Idaho Administrative Code › Title IDAPA 36 - Tax Appeals, Idaho Board of › Rule 36.01.01 - IDAHO BOARD OF TAX APPEALS RULES › Section 36.01.01.107 - PROCEDURE AND TESTIMONY

Current through August 31, 2023
01.
Preliminary Procedure
. The presiding officer shall call the proceeding for hearing and proceed to take the appearances and act upon any pending motion. Parties may then make opening statements. (4-6-23)
02.
Testimony
. All testimony, except matters noticed officially or entered by stipulation at hearings or prehearing conference, shall be taken only on oath or affirmation. (4-6-23)
03.
Order of Procedure
. The appellant shall present first with the respondent and any intervenor then presenting. Parties may then make closing statements. The presiding officer may require the submission of briefs in addition to, or in lieu of, closing arguments. A maximum of two (2) weeks is normally allowed to submit these briefs. The presiding officer may prescribe a different procedure than herein provided. (4-6-23)
04.
Presentation of Evidence
. Evidence may be presented in the following order: (4-6-23)
a. Evidence is presented by appellant. (4-6-23)
b. Evidence is presented by any intervening or opposing party. (4-6-23)
c. Rebuttal evidence is presented by appellant. (4-6-23)
d. Surrebuttal evidence is presented by any intervening or opposing party. (4-6-23)
Idaho Administrative Code › Title IDAPA 36 - Tax Appeals, Idaho Board of › Rule 36.01.01 - IDAHO BOARD OF TAX APPEALS RULES › Section 36.01.01.110 - STIPULATIONS

Current through August 31, 2023
With the approval of the presiding officer the parties may stipulate as to any fact at issue. The stipulation may be filed, or offered through an exhibit or by oral statement shown upon the hearing record. Any such stipulation shall be binding upon all parties so stipulating and may be regarded by the Board as evidence. The Board, however, may require evidence of the facts stipulated, notwithstanding the stipulation. (4-6-23)
Idaho Administrative Code › Title IDAPA 36 - Tax Appeals, Idaho Board of › Rule 36.01.01 - IDAHO BOARD OF TAX APPEALS RULES › Section 36.01.01.111 - CONTINUANCE

Current through August 31, 2023
01.
Continuances
. A continuance may be ordered by the Board upon filing of a timely and written motion containing the stipulated agreement and signature of all parties. Timely means at least fifteen (15) days prior to a noticed hearing date. The motion shall show a detailed good cause and contain the specific time extension requested. (4-6-23)
02.
Consideration
. Continuances are disfavored by the Board. The Board may grant a single continuance only when unusual and highly pressing circumstances are present. In no instance shall an extension cause a delay in proceedings for more than three (3) months. In no instance may a second continuance be granted. (4-6-23)
Idaho Administrative Code › Title IDAPA 36 - Tax Appeals, Idaho Board of › Rule 36.01.01 - IDAHO BOARD OF TAX APPEALS RULES › Section 36.01.01.115 - OFFICIAL NOTICE

Current through August 31, 2023
The Board may take official notice of judicially cognizable facts. In addition, the Board may take notice of general, technical, financial, or scientific facts within the Board's specialized knowledge. Parties shall be notified either before or during the hearing of the material noticed. Parties shall be given a reasonable opportunity to object, review, examine, and rebut or contest the information sought to be noticed. (4-6-23)
Idaho Administrative Code › Title IDAPA 36 - Tax Appeals, Idaho Board of › Rule 36.01.01 - IDAHO BOARD OF TAX APPEALS RULES › Section 36.01.01.116 - OPEN HEARINGS AND CLOSED DELIBERATIONS

Current through August 31, 2023
01.
Public Hearings
. Hearings conducted by the Board are open to the public except where confidential evidence is being taken under a protective order. (4-6-23)
02.
Closed Deliberations
. The Board may recess to closed deliberations for the limited purpose of deciding the matter before it. (4-6-23)
Idaho Administrative Code › Title IDAPA 36 - Tax Appeals, Idaho Board of › Rule 36.01.01 - IDAHO BOARD OF TAX APPEALS RULES › Section 36.01.01.117 - RULES OF EVIDENCE

Current through August 31, 2023
01.
Evidence, Admissibility and Evaluation
. Evidence should be taken by the Board to assist the parties' development of the record. The presiding officer is not bound by the Idaho Rules of Evidence. No informality in any proceeding or in the manner of taking testimony invalidates evidence. The presiding officer may exclude evidence that is irrelevant, immaterial, unduly repetitious, or inadmissible on constitutional or statutory grounds, or on the basis of any privilege recognized in Idaho. All other evidence may be admitted if it is of a type commonly relied upon by prudent persons in the conduct of serious affairs. When proceedings will be expedited and the parties' interests not substantially prejudiced, evidence may be received in written form. The Board's experience, technical competence and specialized knowledge may be used in the evaluation of evidence. (4-6-23)
02.
Documentary Evidence
. Upon request, parties shall be given an opportunity to compare the copy with the whole of the original document. Filing of a document does not signify its receipt in evidence, and only those documents which have been received in evidence shall be considered as evidence in the official record of the case. (4-6-23)
03.
Prepared Testimony
. The presiding officer may order a witness's prepared testimony previously distributed to all parties be included in the record of hearing as if read. Admissibility of prepared testimony is subject to the standards expressed in this rule. (4-6-23)
04.
Objections
. Where objections are made to the admission or exclusion of evidence, the grounds relied upon shall be stated briefly at the time of objection and before the start of closing statements. (4-6-23)
05.
Evidentiary Rulings
. The presiding officer shall rule on the admissibility of all evidence and may grant exceptions to the requirements of this rule in the interest of justice. Such rulings may be reviewed by the Board. An evidence ruling may be deferred to the entire Board by the presiding officer or taken under advisement. The presiding officer may receive evidence subject to a motion to strike at the conclusion of the hearing. (4-6-23)
06.
Offer of Proof
. An Offer of Proof for the record consists of a statement of the substance of the evidence to which objection has been sustained. Where the presiding officer rules evidence inadmissible, the party seeking to introduce such evidence makes an Offer of Proof to have such evidence considered by the Board. (4-6-23)
07.
Failure to Produce Evidence -- Adverse Inference
. The Board may draw an adverse inference when a party or witness fails to produce requested evidence which is reasonably in the party or witness's control. (4-6-23)
08.
Post-Hearing Evidence
. Unless allowed by the presiding officer, no post-hearing evidence will be accepted. (4-6-23)
Idaho Administrative Code › Title IDAPA 36 - Tax Appeals, Idaho Board of › Rule 36.01.01 - IDAHO BOARD OF TAX APPEALS RULES › Section 36.01.01.118 - EXHIBIT

Current through August 31, 2023
01.
Custody
. The Board shall keep all original exhibits unless otherwise provided by law. (4-6-23)
02.
Marking
. Exhibits will be marked to indicate the sponsoring and offering party. (4-6-23)
03.
Form
. An exhibit prepared for hearing should be typed or printed on eight and one-half inch (8 1/ 2") by eleven inch (11") white paper, except a map, chart, photograph or non-documentary exhibit may be introduced on the size or kind of medium customarily used for them. (4-6-23)
04.
Copies
. A copy of each documentary exhibit must be furnished to each party present and to the presiding officer, except for unusually bulky or voluminous exhibits that have previously been made available for the parties' inspection. Copies must be of good quality. (4-6-23)
05.
Objection
. An exhibit identified at hearing is subject to appropriate and timely objection before the start of closing statements. A presented exhibit to which no objection is made is automatically admitted into evidence without motion. (4-6-23)
Idaho Administrative Code › Title IDAPA 36 - Tax Appeals, Idaho Board of › Rule 36.01.01 - IDAHO BOARD OF TAX APPEALS RULES › Section 36.01.01.125 - CONFIDENTIALITY - PROTECTIVE ORDERS

Current through August 31, 2023
The decisions and official records in appeals before the Board are public records and are subject to disclosure unless otherwise provided by Title 74, Chapter 1, Idaho Code, or when a protective order, consistent with Title 74, Chapter 1, Idaho Code, is issued. A party may file a motion for a protective order showing good cause why specific information should remain confidential. The motion must include an affidavit as to the truthfulness of the contents. If another party opposes the request, that party must file a written objection within ten (10) days. (4-6-23)
Idaho Administrative Code › Title IDAPA 36 - Tax Appeals, Idaho Board of › Rule 36.01.01 - IDAHO BOARD OF TAX APPEALS RULES › Section 36.01.01.139 - SCOPE OF APPEAL IN AD VALOREM CASE

Current through August 31, 2023
In an appeal brought under Section  63-511, Idaho Code, where the appellant challenges only the value or exempt status upon either the land or the improvements on the land, the Board shall have jurisdiction to determine the value or exempt status over the entire property. The Board shall have the power to increase or decrease the value of property in a market value appeal. If the Board finds that a property classification is in error, it shall determine the correct classification. (4-6-23)
Idaho Administrative Code › Title IDAPA 36 - Tax Appeals, Idaho Board of › Rule 36.01.01 - IDAHO BOARD OF TAX APPEALS RULES › Section 36.01.01.140 - DECISIONS AND ORDERS

Current through August 31, 2023
01.
Submission for a Decision
. The proceeding will stand submitted for decision after the record is closed by the presiding officer or as otherwise prescribed by the Board. (4-6-23)
02.
Proposed Orders
. Prior to a final decision on the merits the Board may request proposed findings of fact and conclusions of law from each party. (4-6-23)
03.
Notice
. Parties' representatives shall be notified by mail of any final decision or order. (4-6-23)
04.
Decisions
. A decision of the Board will be based on the official record for the case. The Board shall hear and determine appeals as de novo proceedings. Decisions shall contain factual findings and conclusions of law upon which the Board's determination is based. (4-6-23)
Idaho Administrative Code › Title IDAPA 36 - Tax Appeals, Idaho Board of › Rule 36.01.01 - IDAHO BOARD OF TAX APPEALS RULES › Section 36.01.01.145 - RECONSIDERATION - REHEARING

Current through August 31, 2023
01.
Time for Filing and Service
. A party adversely affected by a final decision may move for reconsideration or rehearing within ten (10) days of the time the decision is mailed. Service on other parties is required. The petitioner must file a supporting brief making a strong showing of good cause why reconsideration or rehearing should be granted. Where the presentation of additional evidence is sought, the motion shall include the reason why such evidence was not presented previously. (4-6-23)
02.
Consideration
. Reconsideration or rehearing may be granted if, in reaching the decision the Board has overlooked or misconceived some material fact or statement of law; misconceived a material question in the case; found insufficient evidence in the record; or a party is found to have been denied the opportunity for a fair hearing. (4-6-23)
03.
Answer
. Within ten (10) days after a motion for reconsideration or rehearing is filed, another party may file a response in support of or in opposition to said motion. (4-6-23)
04.
Disposition
. A motion for reconsideration or rehearing shall be deemed denied if, within thirty (30) days from the date the petition is received by the Board, no response is made by the Board. (4-6-23)
Idaho Administrative Code › Title IDAPA 36 - Tax Appeals, Idaho Board of › Rule 36.01.01 - IDAHO BOARD OF TAX APPEALS RULES › Section 36.01.01.151 - OFFICIAL RECORD

Current through August 31, 2023
01.
Content
. The record shall include: (4-6-23)
a. All notices of proceedings; (4-6-23)
b. All appeals, petitions, complaints, protests, motions, and answers filed in the proceeding; (4-6-23)
c. All intermediate or interlocutory rulings; (4-6-23)
d. All evidence received; (4-6-23)
e. All offers of proof, however made; (4-6-23)
f. All briefs, memoranda, proposed orders of the parties, statements of position or support, and objections, but not discovery responses; (4-6-23)
g. All evidentiary rulings on testimony, exhibits, or offers of proof; (4-6-23)
h. All taxing authority data submitted in connection with the consideration of the proceeding; (4-6-23)
i. A statement of matters officially noticed; (4-6-23)
j. All preliminary orders, final orders, and orders on reconsideration or rehearing; and (4-6-23)
k. The recording or transcript specified in Rule  151.02. (4-6-23)
Idaho Administrative Code › Title IDAPA 36 - Tax Appeals, Idaho Board of › Rule 36.01.01 - IDAHO BOARD OF TAX APPEALS RULES › Section 36.01.01.155 - SUBPOENA

Current through August 31, 2023
01.
Issuance of Subpoena
. Upon a motion in writing, or upon the Board's own initiative without motion, the Board may issue a subpoena requiring: (4-6-23)
a. The attendance of a witness from any place in Idaho; (4-6-23)
b. The production of documents from any place in Idaho; or (4-6-23)
c. The production of any book, paper, document, or tangible thing kept within or without Idaho to any designated place of deposition or hearing for the purpose of taking testimony or examining a document before the Board. (4-6-23)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
This chapter is adopted under the legal authority of Sections
				42-1701A(1),
				42-1734(19),
				42-1737(c),
				42-1805(8), and
				67-5206(5), Idaho
				Code. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.001 - SCOPE

Current through August 31, 2023
This chapter contains the rules of procedure that govern
				contested case proceedings before the Idaho Department of Water Resources and
				the Idaho Water Resource Board. These rules do not apply to enforcement actions
				under Section
				42-1701B, Idaho Code.
				(3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.002 - DEFINITIONS

Current through August 31, 2023
01.
Agency
. The Idaho Department
			 of Water Resources or the Idaho Water Resource Board acting within their
			 respective authority to determine contested cases. The term "agency" may
			 include the Director of the Department, members of the Board, employees of the
			 Department or Board, and any duly appointed hearing officers.
			 (3-18-22)
02.
Agency
			 Action
. Agency action means: (3-18-22)
a. The whole or part of an order;
			 (3-18-22)
b. The failure to issue
			 an order; or (3-18-22)
c. An
			 agency's performance of, or failure to perform, any duty placed on it by law.
			 (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.050 - PROCEEDINGS GOVERNED

Current through August 31, 2023
These rules govern contested cases before the Department and
				the Board, unless otherwise provided by order of the agency. The Department and
				the Board through the promulgation of these rules decline to adopt in whole the
				contested case portions of the "Idaho Rules of Administrative Procedure of the
				Attorney General," IDAPA 04.11.01.100 through 04.11.01.799. However, the
				majority of the rules adopted here are consistent with the provisions of the
				Attorney General Rules. Certain provisions of the Attorney General Rules are
				not adopted or are modified to reflect both the statutory authority of and
				administrative practice before the Department and the Board. Rulemaking before
				the Department and the Board is governed by the Attorney General Rules, at
				IDAPA 04.11.01.05 and 04.11.01.800 through 860. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.051 - LIBERAL CONSTRUCTION

Current through August 31, 2023
The rules in this chapter will be liberally construed to ensure
				just, speedy and economical determination of all issues presented to the
				agency. The agency may permit deviation from these rules when it finds that
				compliance with them is impracticable, unnecessary or not in the public
				interest. Unless required by statute, or otherwise provided by these rules, the
				Idaho Rules of Civil Procedure and the Idaho Rules of Evidence do not apply to
				contested cases before the agency. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.052 - IDENTIFICATION OF CASE

Current through August 31, 2023
Communications pertaining to a contested case before the agency
				should include a reference to the case number or case name. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.053 - FILING AND SERVICE OF DOCUMENTS

Current through August 31, 2023
01.
Filing of
			 Documents with the Agency
. (3-18-22)
a. Documents may be filed with the agency by
			 mail or personal delivery to the Department's main office or any of the
			 Department's regional or field offices. See
			 https://idwr.idaho.gov/contact-us.html for address and contact information. The
			 agency will not accept filings by facsimile. A document sent by mail is
			 considered filed on the date received by the agency. A document required to be
			 accompanied by a filing fee is not considered filed with the agency until the
			 fee is received. (3-18-22)
b.
			 Documents may be filed by email as an alternative to filing by mail or personal
			 delivery, at the following email address: file@idwr.idaho.gov. For purposes of
			 filing by email, a "day" begins at 12:01 a.m. and ends at midnight, Mountain
			 Time. Unless otherwise provided by statute, rule, order or notice, a document
			 is considered filed on the day the email is sent if done so before midnight,
			 Mountain Time, unless that date is a Saturday, Sunday or legal holiday, in
			 which case it is deemed filed on the next available business day. Documents
			 filed by email shall include the case number or, if none, other identifying
			 information in the email caption. A document required to be accompanied by a
			 filing fee is not considered filed with the agency until the fee is received.
			 (3-18-22)
c. If the Department
			 establishes an online process for filing specific applications or notices,
			 filings may occur through the specific online data submittal portal.
			 (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.054 - COMPUTATION OF TIME

Current through August 31, 2023
Whenever statute, these or other rules, order, or notice
				requires an act to be done within a certain number of days of a given day, the
				given day is not included in the count, but the last day of the period so
				computed is included in the count. If the day the act must be done is Saturday,
				Sunday or a legal holiday, the act may be done on the first day following that
				is not Saturday, Sunday or a legal holiday. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.055 - FEES

Current through August 31, 2023
If submitted by mail or in person, fees paid to the agency may
				be paid by cash, money order, bank draft or check payable to the agency.
				Payments in cash, submitted by mail, are wholly at the risk of the remitter,
				and the agency assumes no responsibility for their loss. Fees may also be paid
				by credit card or other digital methods, if allowed by the agency. Filings
				required to be accompanied by a fee are not complete until the fee is paid.
				(3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.100 - INFORMAL AND FORMAL PROCEEDINGS

Current through August 31, 2023
Contested cases before the agency shall be conducted as
				informal or formal proceedings. (3-18-22)
01.
Informal Proceedings
			 Defined
. Informal proceedings are wholly administrative evaluations and
			 processes, without a presiding officer and hearing record to be preserved for
			 later agency or judicial review, and with representation according to Rule
			 201.01. (3-18-22)
02.
Formal Proceedings Defined
.
			 Formal proceedings are quasi-judicial proceedings conducted by a presiding
			 officer, with a hearing record to be preserved for later agency or judicial
			 review, and with representation according to Rule
			 201.02. (3-18-22)
03.
Order of Proceedings
. Unless
			 otherwise directed by the agency, informal proceedings will be used first in an
			 effort to resolve the issues presented in a contested case. If, after the
			 agency has commenced a formal proceeding, the parties to a contested case
			 settle or resolve the issues of the case, the case may return to an informal
			 proceeding. The agency may also utilize informal proceedings, such as
			 settlement conferences, any time after commencement of a formal proceeding.
			 (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.101 - INFORMAL PROCEEDINGS

Current through August 31, 2023
01.
Initial
			 Processing
. Informal proceedings include correspondence and the exchange
			 of information between the agency and an applicant or petitioner during the
			 agency's review of an application or petition. If a protest is filed opposing
			 an application, or a response is filed to a petition, the agency will issue a
			 Notice of Informal Settlement Conference. The agency may also issue a Notice of
			 Informal Settlement Conference in un-protested one-party contested cases, where
			 a party has requested a hearing before the agency. (3-18-22)
02.
Informal Settlement
			 Conference
. All parties to a contested case or their representatives
			 must attend the informal settlement conference. The informal settlement
			 conference may be conducted by an agency employee. Informal settlement
			 conferences are used to discuss applications or pleadings, explore settlement
			 options, discuss the commencement and scheduling of formal proceedings, discuss
			 additional informational needs, and evaluate the need for additional informal
			 proceedings or alternative dispute resolution options such as mediation. The
			 agency may conduct additional informal proceedings, which all parties or their
			 representatives must attend, to assess the potential for settlement or
			 resolution of all or a portion of the issues in a contested case.
			 (3-18-22)
03.
Stay of
			 Informal Proceedings
. During informal proceedings the agency may stay
			 the contested case at the request of the applicant or petitioner, upon
			 stipulation of the parties, when the agency determines that such delay will
			 assist the agency in resolving or deciding the contested case, or when an
			 agency moratorium prevents consideration of the application or petition.
			 (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.102 - FORMAL PROCEEDINGS

Current through August 31, 2023
When the agency determines that informal proceedings are
				unlikely to resolve a contested case, the agency will initiate formal
				proceedings by issuing a Notice of Prehearing Conference and identifying a
				presiding officer. Representation of parties and other persons in formal
				proceedings is governed by Rule
				201.02. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.150 - PARTIES TO CONTESTED CASES LISTED

Current through August 31, 2023
Parties to contested cases before the agency are called
				applicants, petitioners, respondents, protestants, or intervenors. On
				reconsideration or exceptions within the agency parties are called by their
				original titles from the previous sentence. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.152 - PETITIONERS

Current through August 31, 2023
Persons not applicants who seek to modify, amend or stay
				existing orders of the agency, to clarify or have the agency declare or
				construe the law administered by the agency or a person's rights or obligations
				under law administered by the agency, to ask the agency to initiate or rehear a
				contested case (other than an application), to intervene in a contested case,
				or to otherwise take action that will result in the issuance of an order.
				(3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.154 - PROTESTANTS

Current through August 31, 2023
Persons who oppose or seek to alter an application and who have
				a statutory right to contest or seek to alter the right, license, or authority
				sought by an applicant. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.155 - INTERVENORS

Current through August 31, 2023
Persons, not applicants, petitioners, respondents, or
				protestants to a proceeding, who are permitted to participate as parties
				pursuant to Rules 350 through
				354. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.156 - RIGHTS OF PARTIES AND OF AGENCY STAFF

Current through August 31, 2023
Subject to Rules
				558,
				559, and
				600, all parties and agency staff
				may appear at hearing or argument, introduce evidence, examine witnesses, make
				and argue motions, state positions, and otherwise fully participate in a
				contested case before the agency. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.200 - IDENTIFICATION OF REPRESENTATIVES AND ADDRESS FOR SERVICE

Current through August 31, 2023
The initial pleading of a party (be it application, petition,
				protest, or motion) must identify the party's representative, if any, and state
				the mailing address and email address, if any, to be used for service of all
				documents. If a representative is identified, service of documents on the named
				representative is considered valid service upon the party. If an initial
				pleading is signed by more than one (1) person without identifying a
				representative for service of documents, the agency may select the person upon
				whom documents are to be served. A party is responsible for updating the agency
				with changes to its contact information for service of documents.
				(3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.201 - REPRESENTATION OF PARTIES

Current through August 31, 2023
01.
Representation at Informal Proceedings
. Appearances and representation
			 of parties or other persons at an informal proceeding described in Rule
			 100 and Rule
			 101 must be as follows: (3-18-22)
a. Natural Person. A natural person may
			 represent himself or herself or be represented by an authorized employee,
			 attorney, or family member, or by a next friend if the person lacks full legal
			 capacity to act for himself or herself. (3-18-22)
b. A partnership may be represented by a
			 partner, authorized employee, or attorney. (3-18-22)
c. A corporation may be represented by an
			 officer, authorized employee, or attorney. (3-18-22)
d. A municipal corporation, local government
			 agency, unincorporated association or nonprofit organization may be represented
			 by an official, officer, authorized employee, or attorney. (3-18-22)
e. A state, federal or tribal governmental
			 entity or agency may be represented by an officer, authorized employee, or
			 attorney. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.202 - SERVICE ON PARTIES AND THEIR REPRESENTATIVES

Current through August 31, 2023
From the time a party files its initial pleading in a contested
				case, that party must serve all documents filed with the agency upon all other
				parties or their designated representatives unless otherwise directed by order
				or notice or by the presiding officer on the record. The presiding officer may
				order parties to serve past documents filed in the case upon parties or their
				representatives. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.203 - WITHDRAWAL OF PARTIES

Current through August 31, 2023
Any party may withdraw from a contested case in writing or by
				confirming the withdrawal on the record at a conference or hearing.
				(3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.204 - SUBSTITUTION OR WITHDRAWAL OF REPRESENTATIVE

Current through August 31, 2023
A party's representative may be changed by notice to the agency
				and all other parties. A presiding officer, if assigned, may reject the
				substitution of representative if the substitution would result in an
				unreasonable delay of the proceeding. Persons representing a party in a
				contested case before the agency who wish to withdraw their representation must
				immediately file with the agency a notice of withdrawal of representation and
				serve that notice on the party represented, and all other parties.
				(3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.205 - STANDARDS OF CONDUCT

Current through August 31, 2023
All persons participating in or attending a contested case
				proceeding before the agency must conduct themselves in an ethical, courteous,
				and respectful manner during all phases of the proceeding. The presiding
				officer may exclude a person from a proceeding who in manner or appearance is
				disruptive or disrespectful. Disruptive conduct or appearance that is serious
				in nature may be cause for dismissal of the disrupting party from the
				proceeding. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.210 - PLEADINGS ALLOWED IN CONTESTED CASES

Current through August 31, 2023
In contested cases, the agency allows the following pleadings
				to be filed: applications, petitions, protests, and responses. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.220 - MOTIONS

Current through August 31, 2023
01.
Motion - Defined
. A "motion"
			 is a request to the agency to take an action in a contested case.
			 (3-18-22)
02.
Procedure on
			 Written Motions
. (3-18-22)
a. A written
			 motion, affidavit(s) supporting the motion, and briefs supporting the motion,
			 if any, must be filed with the agency and served on the parties.
			 (3-18-22)
b. Briefs or affidavits
			 responding to the motion, if any, must be filed with the agency and served on
			 the parties within fourteen (14) days of the filing of a motion.
			 (3-18-22)
c. The moving party may
			 file a reply brief, which must be filed with the agency and served on the
			 parties within 7 days of the filing of the responsive affidavits or briefs.
			 (3-18-22)
d. The moving party must
			 indicate on the face of the motion whether oral argument is desired.
			 (3-18-22)
e. If oral argument has
			 been requested on any motion, the presiding officer may grant or deny oral
			 argument by written or oral notice. The presiding officer may limit oral
			 argument at any time. (3-18-22)
f.
			 Modifications to the time limits in this rule may be granted by the presiding
			 officer for good cause shown. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.300 - FORM AND CONTENT OF PLEADINGS AND WRITTEN MOTIONS

Current through August 31, 2023
01.
Form
. Pleadings should be
			 filed on standard forms created by the agency, if available. Pleadings and
			 written motions not filed on standard forms should include a caption
			 identifying the case at the top of the first page and shall: (3-18-22)
a. Be submitted on white, eight and one-half
			 inch (8 1/2") by eleven inch (11") paper printed on one (1) side only;
			 (3-18-22)
b. Identify the case
			 name, case number (if applicable), and title of the document;
			 (3-18-22)
c. Include the mailing
			 address, telephone number, and email address of the person(s) filing the
			 document; and (3-18-22)
d. Have at
			 least one inch (1") margins on the sides, top, and bottom.
			 (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.301 - NOTICE OF PETITION FOR DECLARATORY RULING

Current through August 31, 2023
The agency may provide notice of a petition for declaratory
				ruling in a manner designed to call its attention to persons likely to be
				interested in the subject matter of the petition. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.302 - DEFECTIVE, INSUFFICIENT OR LATE PLEADINGS

Current through August 31, 2023
Defective, insufficient or late pleadings may be returned or
				dismissed. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.303 - AMENDMENTS TO PLEADINGS - WITHDRAWAL OF PLEADINGS

Current through August 31, 2023
The agency may allow amendments to pleadings during informal
				proceedings. The presiding officer may allow amendments to pleadings during
				formal proceedings. Pleadings will be liberally construed, and defects that do
				not affect substantial rights of the parties will be disregarded. A party
				desiring to withdraw a pleading must file a notice of withdrawal of the
				pleading and serve all parties with a copy. Unless otherwise ordered by the
				presiding officer, the notice is effective seven (7) days after filing.
				(3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.350 - PETITIONS TO INTERVENE

Current through August 31, 2023
A person who is not already a party to a contested case and who
				has a direct and substantial interest in the proceeding may petition for an
				order granting intervention as a party to the contested case. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.351 - FORM AND CONTENTS OF PETITIONS TO INTERVENE

Current through August 31, 2023
Petitions to intervene must comply with Rules
				52,
				200, and
				300. The petition must set forth
				the name and address of the potential intervenor and must state the direct and
				substantial interest of the potential intervenor in the proceeding.
				(3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.352 - TIMELY FILING OF PETITIONS TO INTERVENE

Current through August 31, 2023
Petitions to intervene must be filed at least fourteen (14)
				days before the date set for formal hearing, or by the date of the initial
				prehearing conference, whichever is earlier, unless a different time is
				provided by order or notice. Petitions filed after this deadline are considered
				late and must state a good cause for delay. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.353 - DECIDING PETITIONS TO INTERVENE

Current through August 31, 2023
01.
Timely-Filed Petitions
. If a timely-filed petition to intervene shows
			 direct and substantial interest in any part of the subject matter of a
			 contested case and does not unduly broaden the issues, the agency shall grant
			 intervention, subject to reasonable conditions, unless the applicant's interest
			 is adequately represented by existing parties. (3-18-22)
02.
Late Petitions
. The agency
			 may grant late petitions to intervene for good cause shown or may deny or
			 conditionally grant petitions to intervene that are late for failure to state
			 good cause for the late filing, to prevent disruption, to prevent prejudice to
			 existing parties, to prevent undue broadening of the issues, or for other
			 reasons. (3-18-22)
03.
Order
			 and Notices Issued Prior to Intervention
. Intervenors are bound by
			 orders and notices entered in the contested case prior to the approval of the
			 petition to intervene. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.354 - ORDERS GRANTING INTERVENTION - OPPOSITION

Current through August 31, 2023
Any party opposing a petition to intervene must file an
				objection within (7) days of the date the petition is filed. Responses to the
				objection must be filed within seven (7) days of the service date of the
				objection. The objection and responses to the proposed intervention must be
				served on all parties of record and on the person petitioning to intervene.
				(3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.355 - PUBLIC WITNESSES

Current through August 31, 2023
A person who is not a party and is not called by a party as a
				witness who desires to testify at hearing is a public witness. Public witnesses
				do not have the right to examine witnesses or otherwise participate in the
				proceedings as parties. Subject to Rules
				555 and
				557, public witnesses have a right
				to introduce evidence at hearing by written or oral statements and to offer
				exhibits at hearing. Public witnesses are bound by scheduling orders issued in
				a contested case regarding disclosure of expert reports and exhibits prior to
				the hearing. A person intending to present public witness testimony shall
				notify the agency in writing at least five (5) days prior to the hearing and
				include the name and address of the witness and the general nature or subject
				matter of the testimony to be given. If the notice is not given, the public
				witness testimony will only be allowed at the discretion of the presiding
				officer upon a finding of good cause. Public witnesses are subject to
				cross-examination and exhibits offered by public witnesses are subject to
				objection. Public witnesses have no right to seek reconsideration, file
				exceptions, or appeal. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.410 - APPOINTMENT OF HEARING OFFICERS

Current through August 31, 2023
Unless otherwise provided by statute or rule, hearing officers
				may be employees of the agency or independent contractors. Hearing officers may
				be (but need not be) attorneys. Hearing officers who are not attorneys should
				ordinarily be persons with technical expertise or experience in issues before
				the agency. The appointment of a hearing officer is a public record available
				for inspection, examination and copying. (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.411 - DISQUALIFICATION OF OFFICERS HEARING CONTESTED CASES

Current through August 31, 2023
Presiding officers may be disqualified as provided in Section
				67-5252, Idaho Code.
				(3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.412 - SCOPE OF AUTHORITY OF HEARING OFFICERS

Current through August 31, 2023
The scope of hearing officers' authority may be restricted in
				the appointment by the agency. (3-18-22)
01.
Scope of Authority
. Unless
			 specified in an order from the agency, hearing officers have the authority to:
			 (3-18-22)
a. Decide petitions to intervene and
			 motions; (3-18-22)
b. Schedule
			 cases assigned to the hearing officer, including authority to issue notices of
			 default, of prehearing conference and of hearing; (3-18-22)
c. Schedule and compel discovery, when
			 discovery is authorized before the agency, and to require advance filing of
			 expert testimony, when authorized before the agency; (3-18-22)
d. Consider stipulations and settlements;
			 (3-18-22)
e. Preside at and conduct
			 conferences and hearings, accept evidence into the record, rule upon objections
			 to evidence, rule on dispositive motions, and otherwise oversee the orderly
			 presentation of evidence at hearing in accordance with these Rules; and
			 (3-18-22)
f. Issue a written
			 decision for a contested case, including a narrative of the proceedings,
			 findings of fact, conclusions of law, and a recommended or preliminary order.
			 (3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.413 - CHALLENGES TO STATUTES

Current through August 31, 2023
A hearing officer in a contested case has no authority to
				declare a statute unconstitutional. However, when a court of competent
				jurisdiction whose decisions are binding precedent in the state of Idaho has
				declared a statute unconstitutional, or when a federal authority has preempted
				a state statute or rule, and the hearing officer finds that the same state
				statute or rule or a substantively identical state statute or rule that would
				otherwise apply has been challenged in the proceeding before the hearing
				officer, then the hearing officer shall apply the precedent of the court or the
				preemptive action of the federal authority to the proceeding before the hearing
				officer and decide the proceeding before the hearing officer in accordance with
				the precedent of the court or the preemptive action of the federal authority.
				(3-18-22)
Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.414 - 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, a presiding officer serving in a
				contested case shall not communicate, directly or indirectly, regarding any
				substantive issue in the contested case with any party, except upon notice and
				opportunity for all parties to participate in the communication. The presiding
				officer may communicate ex parte with a party concerning procedural matters
				(e.g., scheduling). Communications with a presiding officer regarding
				non-substantive issues from members of the general public not associated with
				any party are not required to be reported by this rule. A party to a contested
				case before the agency shall not communicate directly or indirectly with the
				presiding officer or the agency head regarding any substantive issue in the
				contested case. When a presiding officer becomes aware of a communication
				regarding any substantive issue from a party or representative of a party or a
				member of the general public during a contested case, the presiding officer
				shall place a copy or written summary of the communication in the file for the
				case and order the party providing the communication to serve a copy of the
				communication or written summary upon all parties of record. Repeated
				violations of this rule are cause for the presiding officer to dismiss an
				action or to dismiss a party from a contested case. Written communications from
				a party showing service upon all other parties are not ex parte communications.
				(3-18-22)