Idaho Administrative Code › Title IDAPA 09 - Labor, Department of › Rule 09.01.01 - RULES OF ADMINISTRATIVE PROCEDURE OF THE DEPARTMENT OF LABOR › Section 09.01.01.045 - CONDUCT OF APPEALS HEARING

Current through August 31, 2023
Upon request for appeal, a hearing before an appeals examiner
				will be set. Written notice of the time and place of the hearing will be mailed
				or electronically transmitted to each interested party not less than seven (7)
				days prior to the hearing date. (3-23-22)
01.
Telephone Hearings
. Hearings
			 will be held by telephone unless, at the sole discretion of the appeals
			 examiner, a personal hearing should be set. In deciding the manner in which to
			 conduct the hearing, the appeals examiner will consider factors, including but
			 not limited to the desires of the parties, possible delay and expense, the
			 burden of proof, the complexity of the issues, and the number and location of
			 witnesses. (3-23-22)
02.
Continuance
. The appeals examiner may postpone or continue a
			 hearing for good cause on the examiner's own motion or that of any party,
			 before a hearing is concluded. The appeals examiner may dismiss an appeal for
			 good cause, such as abandonment of the appeal. (3-23-22)
03.
Rehearing
. An application
			 for rehearing will be in writing and filed in person or postmarked within ten
			 (10) days after the appeals examiner's decision is served. (3-23-22)
04.
No Appearance Hearings
. If
			 no party appears to present additional evidence, a decision may be based on the
			 existing record. For this purpose, the existing record will consist of
			 documents maintained by the Department in the ordinary course of adjudicating
			 the issues in the case, copies of which are provided to the parties with the
			 notice of hearing. (3-23-22)
05.
Exhibits and Recordings
. Hearing exhibits and recordings may be
			 destroyed, reused, or otherwise disposed of after the expiration of the time
			 period for appeal from the decisions of the appeals examiner.
			 (3-23-22)
06.
Subpoenas
. After determining a subpoena of a witness or records is
			 necessary and reasonable, the appeals examiner will issue the subpoena, which
			 may be served by mail or in person. (3-23-22)
07.
Failure to Respond to
			 Subpoena
. If a person fails to respond to a subpoena issued by mail, the
			 appeals examiner will proceed with the scheduled hearing and determine, after
			 hearing available testimony, whether the subpoena is still necessary and
			 reasonable. If so, the hearing will be continued and a second subpoena will be
			 issued and personally served. (3-23-22)
08.
Witness Fees
. Individuals
			 who attend hearings before the appeals examiner as subpoenaed witnesses, not
			 parties, are entitled to receive a fee of seven dollars and fifty cents ($7.50)
			 for each day or portion thereof for attendance. In no case will a witness be
			 paid more than seven dollars and fifty cents ($7.50) for any one (1) day.
			 Subpoenaed witnesses are entitled to mileage expense at the current allowable
			 mileage reimbursement rate as determined by the Idaho State Board of Examiners.
			 For appeals under the Employment Security Law, such witness fees and mileage
			 expenses will be paid from the Employment Security Administration fund. Under
			 no circumstances will interested parties to a hearing be granted witness fees
			 or mileage expenses. Mileage fees are not allowed for vicinity travel.
			 (3-23-22)
09.
Undecided
			 Issues
. When it is apparent that there is no prior ruling on an issue
			 that must be decided under the Act, the appeals examiner may hear and decide
			 the issue. (3-23-22)
10.
Type
			 of Hearing
. The proceeding before an appeals examiner will be a hearing
"
de novo
"
or original hearing and not solely a review
			 proceeding. Ref. Sec. 72-1368(6) and Sec. 45-617(7), Idaho Code.
			 (3-23-22)
11.
Role of Appeals
			 Examiner
. The appeals examiner will function as a fact finder and not
			 solely as a judge. The appeals examiner will have the responsibility of
			 developing all the evidence that is reasonably available. Ref. Sec. 72-1368(6)
			 and Sec. 45-617(7), Idaho Code. (3-23-22)
12.
Order of Witnesses
. The
			 appeals examiner, in the exercise of reasonable discretion, will direct the
			 order of witnesses and develop evidence in a logical and orderly manner to move
			 the hearing along as expeditiously as possible. Ref. Sec. 72-1368(6) and Sec.
			 45-617(7), Idaho Code. (3-23-22)
13.
Evidence
. The appeals
			 examiner may exclude evidence that is irrelevant, unduly repetitious, or
			 excludable on constitutional or statutory grounds, or on the basis of any
			 evidentiary privilege provided by statute or recognized in the courts of this
			 state. All other evidence may be admitted if it is of a type commonly relied
			 upon by prudent persons in the conduct of their affairs. Ref. Sec. 72-1368(6)
			 and Sec. 45-617(7), Idaho Code. (3-23-22)
14.
Disruptive Individuals
. The
			 appeals examiner may exclude disruptive individuals from the hearing or may
			 postpone the hearing if the integrity of the proceedings is being compromised.
			 If an interested party is excluded, they will be provided a copy of the
			 recording of the proceedings and given an opportunity to submit written
			 evidence and argument prior to the issuance of the decision and the opposing
			 party will be given an opportunity to respond. Ref. Sec. 72-1368(6) and Sec.
			 45-617(7), Idaho Code. (3-23-22)
15.
Challenge of General
			 Knowledge
. If judicially cognizable facts or general, technical, or
			 scientific facts within the appeals examiner's specialized knowledge are used
			 in the decision, the parties will be given an opportunity to challenge them at
			 the time of the hearing, or at the time of the issuance of the decision. Ref.
			 Sec. 721368(6) and Sec. 45-617(7), Idaho Code. (3-23-22)
16.
Closing Arguments
. Closing
			 arguments will be limited to five (5) minutes for each party unless the appeals
			 examiner grants an exception. Ref. Sec. 72-1368(6) and Sec. 45-617(7), Idaho
			 Code. (3-23-22)