reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.206 - CONDUCT REQUIRED

Current through August 31, 2023
Representatives of parties and parties appearing in a proceeding must conduct themselves in an ethical and courteous manner. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.210 - PLEADINGS LISTED - MISCELLANEOUS

Current through August 31, 2023
Pleadings in contested cases are called applications or claims or appeals, petitions, complaints, protests, motions, answers, and consent agreements. Affidavits or declarations under penalty of perjury may be filed in support of any pleading. A party's initial pleading in any proceeding must comply with Section  200, but the presiding officer may allow documents filed during informal stages of the proceeding to be considered a party's initial pleading without the requirement of resubmission to comply with this rule. All pleadings filed during the formal stage of a proceeding must be filed in accordance with Sections  300  through  303. A party may adopt or join any other party's pleading. Two (2) or more separately stated grounds, claims or answers concerning the same subject matter may be included in one (1) pleading. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.220 - APPLICATIONS/CLAIMS/APPEALS - DEFINED - FORM AND CONTENTS

Current through August 31, 2023
All pleadings requesting a right, license, award or authority from the agency are called "applications" or "claims" or "appeals." Applications or claims or appeals must: (3-31-22)
01.
Facts
. Fully state the facts upon which they are based. (3-31-22)
02.
Refer to Provisions
. Refer to the particular provisions of statute, rule, order, or other controlling law upon which they are based. (3-31-22)
03.
Other
. State the right, license, award, or authority sought. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.230 - PETITIONS - DEFINED - FORM AND CONTENTS

Current through August 31, 2023
01.
Pleadings Defined
. All pleadings requesting the following are called "petitions": (3-31-22)
a. Modification, amendment or stay of existing orders or rules; (3-31-22)
b. Clarification, declaration or construction of the law administered by the agency or of a party's rights or obligations under law administered by the agency; (3-31-22)
c. The initiation of a contested case not an application, claim or complaint or otherwise taking action that will lead to the issuance of an order or a rule; (3-31-22)
d. Rehearing; or (3-31-22)
e. Intervention. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.240 - COMPLAINTS - DEFINED - FORM AND CONTENTS

Current through August 31, 2023
01.
Defined
. All pleadings charging other person(s) with acts or omissions under law administered by the agency are called "complaints." (3-31-22)
02.
Form and Contents
. Complaints must: (3-31-22)
a. Be in writing; (3-31-22)
b. Fully state the acts or things done or omitted to be done by the persons complained against by reciting the facts constituting the acts or omissions and the dates when they occurred; (3-31-22)
c. Refer to statutes, rules, orders or other controlling law involved; (3-31-22)
d. State the relief desired; and (3-31-22)
e. State the name of the person complained against (the respondent). (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.250 - PROTESTS - DEFINED - FORM AND CONTENTS - TIME FOR FILING

Current through August 31, 2023
01.
Defined
. All pleadings opposing an application or claim or appeal as a matter of right are called "protests." (3-31-22)
02.
Form and Contents, Time for Filing
. Protests must: (3-31-22)
a. Fully state the facts upon which they are based, including the protestant's claim of right to oppose the application or claim; (3-31-22)
b. Refer to the particular provisions of statute, rule, order or other controlling law upon which they are based; and (3-31-22)
c. State any proposed limitation (or the denial) of any right, license, award or authority sought in the application. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.260 - MOTIONS - DEFINED - FORM AND CONTENTS - TIME FOR FILING

Current through August 31, 2023
01.
Defined
. All other pleadings requesting the agency to take any other action in a contested case, except consent agreements or pleadings specifically answering other pleadings, are called "motions." (3-31-22)
02.
Form and Contents
. Motions must: (3-31-22)
a. Fully state the facts upon they are based; (3-31-22)
b. Refer to the particular provision of statute, rule, order, notice, or other controlling law upon which they are based; and (3-31-22)
c. State the relief sought. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.270 - ANSWERS - DEFINED - FORM AND CONTENTS - TIME FOR FILING

Current through August 31, 2023
All pleadings responding to the allegations or requests of applications or claims or appeals, complaints, petitions, protests, or motions are called "answers." (3-31-22)
01.
Answers to Pleadings Other Than Motions
. Answers to applications, claims, or appeals, complaints, petitions, or protests must be filed and served on all parties of record within twenty-one (21) days after service of the pleading being answered, unless order or notice modifies the time within which answer may be made, or a motion to dismiss is made within twenty-one (21) days. When an answer is not timely filed under this rule, the presiding officer may issue a notice of default against the respondent pursuant to Section  700. Answers to applications or claims, complaints, petitions, or protests must admit or deny each material allegation of the applications or claims, complaint, petition or protest. Any material allegation not specifically admitted shall be considered to be denied. Matters alleged by cross-complaint or affirmative defense must be separately stated and numbered. (3-31-22)
02.
Answers to Motions
. Answers to motions may be filed by persons or parties who are the object of a motion or by parties opposing a motion. The person or party answering the motion must do so with all deliberate and reasonable speed. In no event is a party entitled to more than fourteen (14) days to answer a motion or to move for additional time to answer. The presiding officer may act upon a prehearing motion under Section  565. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.280 - CONSENT AGREEMENTS - DEFINED - FORM AND CONTENTS

Current through August 31, 2023
Agreements between the agency or agency staff and another person(s) in which one or more person(s) agree to engage in certain conduct mandated by statute, rule, order, case decision, or other provision of law, or to refrain from engaging in certain conduct prohibited by statute, rule, order, case decision, or other provision of law, are called "consent agreements." Consent agreements are intended to require compliance with existing law. (3-31-22)
01.
Requirements
. Consent agreements must: (3-31-22)
a. Recite the parties to the agreement; and (3-31-22)
b. Fully state the conduct proscribed or prescribed by the consent agreement. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.300 - FILING DOCUMENTS WITH THE AGENCY - NUMBER OF COPIES - FACSIMILE TRANSMISSION (FAX)

Current through August 31, 2023
An original and necessary copies (if any are required by the agency) of all documents intended to be part of an agency record must be filed with the officer designated by the agency to receive filing in the case. Pleadings and other documents not exceeding ten (10) pages in length requiring urgent or immediate action may be filed by facsimile transmission (FAX) if the agency's individual rule of practice lists a FAX number for that agency. Whenever any document is filed by FAX, if possible, originals must be delivered by overnight mail the next working day. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.301 - FORM OF PLEADINGS

Current through August 31, 2023
01.
Pleadings
. All pleadings submitted by a party and intended to be part of an agency record must: (3-31-22)
a. Be submitted on white, eight and one-half by eleven inch (8 1/2" x 11") paper copied on one (1) side only; (3-31-22)
b. State the case caption, case number and title of the document; (3-31-22)
c. Include on the upper left corner of the first page the name(s), mailing and street address(es), and telephone and FAX number(s) of the person(s) filing the document or the person(s) to whom questions about the document can be directed; and (3-31-22)
d. Have at least one inch (1") left and top margins. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.302 - SERVICE ON PARTIES AND OTHER PERSONS

Current through August 31, 2023
All documents intended to be part of the agency record for decision must be served upon the representatives of each party of record concurrently with filing with the officer designated by the agency to receive filings in the case. When a document has been filed by FAX, it must be served upon all other parties with FAX facilities by FAX and upon the remaining parties by overnight mail, hand delivery, or the next best available service if these services are not available. The presiding officer may direct that some or all of these documents be served on interested or affected persons who are not parties. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.303 - PROOF OF SERVICE

Current through August 31, 2023
Every document filed with and intended to be part of the agency record must be attached to or accompanied by proof of service by the following or similar certificate:
I HEREBY CERTIFY (swear or affirm) that I have this day of , served the foregoing (name(s) of document(s)) upon all parties of record in this proceeding, (by delivering a copy thereof in person: (list names)) (by mailing a copy thereof, properly addressed with postage prepaid, to:
(list names)).
(Signature) (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.304 - DEFECTIVE, INSUFFICIENT OR LATE PLEADINGS

Current through August 31, 2023
Defective, insufficient or late pleadings may be returned or dismissed. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.305 - AMENDMENTS TO PLEADINGS - WITHDRAWAL OF PLEADINGS

Current through August 31, 2023
The presiding officer may allow any pleading to be amended or corrected or any omission to be supplied. 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 fourteen (14) days after filing. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.350 - ORDER GRANTING INTERVENTION NECESSARY

Current through August 31, 2023
Persons not applicants or claimants or appellants, petitioners, complainants, protestants, or respondents to a proceeding who claim a direct and substantial interest in the proceeding may petition for an order from the presiding officer granting intervention to become a party. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.351 - FORM AND CONTENTS OF PETITIONS TO INTERVENE

Current through August 31, 2023
Petitions to intervene must comply with Sections  200  and  300  through  303. The petition must set forth the name and address of the potential intervenor and must state the direct and substantial interest of the potential intervenor in the proceeding. If affirmative relief is sought, the petition must state the relief sought and the basis for granting it. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.352 - 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 prehearing conference, whichever is earlier, unless a different time is provided by order or notice. Petitions not timely filed must state a substantial reason for delay. The presiding officer may deny or conditionally grant petitions to intervene that are not timely filed for failure to state good cause for untimely filing, to prevent disruption, prejudice to existing parties or undue broadening of the issues, or for other reasons. Intervenors who do not file timely petitions are bound by orders and notices earlier entered as a condition of granting the untimely petition. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.353 - GRANTING PETITIONS TO INTERVENE

Current through August 31, 2023
If a petition to intervene shows direct and substantial interest in any part of the subject matter of a proceeding and does not unduly broaden the issues, the presiding officer will grant intervention, subject to reasonable conditions. If it appears that an intervenor has no direct or substantial interest in the proceeding, the presiding officer may dismiss the intervenor from the proceeding. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.354 - ORDERS GRANTING INTERVENTION - OPPOSITION

Current through August 31, 2023
No order granting a petition to intervene will be acted upon fewer than seven (7) days after its filing, except in a hearing in which any party may be heard. Any party opposing a petition to intervene by motion must file the motion within seven (7) days after receipt of the petition to intervene and serve the motion upon all parties of record and upon the person petitioning to intervene. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.355 - PUBLIC WITNESSES

Current through August 31, 2023
Persons not parties and not called by a party who testify at hearing are called "public witnesses." Public witnesses do not have parties' rights to examine witnesses or otherwise participate in the proceedings as parties. Public witnesses' written or oral statements and exhibits are subject to examination and objection by parties. Subject to Sections  558  and  560, public witnesses have a right to introduce evidence at hearing by their written or oral statements and exhibits introduced at hearing, except that public witnesses offering expert opinions at hearing or detailed analysis or detailed exhibits must comply with Section  530  with regard to filing and service of testimony and exhibits to the same extent as expert witnesses of parties. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.400 - FORM AND CONTENTS OF PETITION FOR DECLARATORY RULINGS

Current through August 31, 2023
Any person petitioning for a declaratory ruling on the applicability of a statute, rule or order administered by the agency must substantially comply with this rule. (3-31-22)
01.
Form
. The petition shall: (3-31-22)
a. Identify the petitioner and state the petitioner's interest in the matter; (3-31-22)
b. State the declaratory ruling that the petitioner seeks; and (3-31-22)
c. Indicate the statute, order, rule, or other controlling law, and the factual allegations upon which the petitioner relies to support the petition. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.401 - NOTICE OF PETITION FOR DECLARATORY RULING

Current through August 31, 2023
Notice of petition for declaratory ruling may be issued in a manner designed to call its attention to persons likely to be interested in the subject matter of the petition. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.402 - PETITIONS FOR DECLARATORY RULINGS TO BE DECIDED BY ORDER

Current through August 31, 2023
01.
Final Agency Action
. The agency's decision on a petition for declaratory ruling on the applicability of any statute, rule, or order administered by the agency is a final agency action decided by order. (3-31-22)
02.
Content
. The order issuing the declaratory ruling shall contain or must be accompanied by a document containing the following paragraphs or substantially similar paragraphs: (3-31-22)
a. This is a final agency action issuing a declaratory ruling. (3-31-22)
b. Pursuant to Sections  67-5270  and  67-5272, Idaho Code, any party aggrieved by this declaratory ruling may appeal to district court by filing a petition in the District Court in the county in which: (3-31-22)
i. A hearing was held; (3-31-22)
ii. The declaratory ruling was issued; (3-31-22)
iii. The party appealing resides; or (3-31-22)
iv. The real property or personal property that was the subject of the declaratory ruling is attached. (3-31-22)
c. This appeal must be filed within twenty-eight (28) days of the service date of this declaratory ruling. See Section  67-5273, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.410 - APPOINTMENT OF HEARING OFFICERS

Current through August 31, 2023
A hearing officer is a person other than the agency head appointed to hear contested cases on behalf of the agency. 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. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.411 - HEARING OFFICERS CONTRASTED WITH AGENCY HEAD

Current through August 31, 2023
Agency heads are not hearing officers, even if they are presiding at contested cases. The term "hearing officer" as used in these rules refers only to officers subordinate to the agency head. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.412 - DISQUALIFICATION OF OFFICERS HEARING CONTESTED CASES

Current through August 31, 2023
Pursuant to Section  67-5252, Idaho Code, hearing officers are subject to disqualification for bias, prejudice, interest, substantial prior involvement in the case other than as a presiding officer, status as an employee of the agency, lack of professional knowledge in the subject matter of the contested case, or any other reason provided by law or for any cause for which a judge is or may be disqualified. Any party may promptly petition for the disqualification of a hearing officer after receiving notice that the officer will preside at a contested case or upon discovering facts establishing grounds for disqualification, whichever is later. Any party may assert a blanket disqualification for cause of all employees of the agency hearing the contested case, other than the agency head, without awaiting the designation by a presiding officer. A hearing officer whose disqualification is requested shall determine in writing whether to grant the petition for disqualification, stating facts and reasons for the hearing officer's determination. Disqualification of agency heads, if allowed, will be pursuant to Sections  74-704  and  67-5252(4), Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.413 - 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. (3-31-22)
01.
Scope of Authority
. Unless the agency otherwise provides, hearing officers have the standard scope of authority, which is: (3-31-22)
a. Authority to schedule cases assigned to the hearing officer, including authority to issue notices of prehearing conference and of hearing, as appropriate; (3-31-22)
b. Authority to schedule and compel discovery, when discovery is authorized before the agency, and to require advance filing of expert testimony, when authorized before the agency; (3-31-22)
c. Authority to preside at and conduct hearings, accept evidence into the record, rule upon objections to evidence, and otherwise oversee the orderly presentations of the parties at hearing; and (3-31-22)
d. Authority to issue a written decision of the hearing officer, including a narrative of the proceedings before the hearing officer and recommended findings of fact, conclusions of law, and recommended or preliminary orders by the hearing officer. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.414 - PRESIDING OFFICER(S)

Current through August 31, 2023
One (1) or more members of the agency board, the agency director, or duly appointed hearing officers may preside at hearing as authorized by statute or rule. When more than one (1) officer sits at hearing, they may all jointly be presiding officers or may designate one of them to be the presiding officer. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.415 - 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. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.416 - REVIEW OF RULES

Current through August 31, 2023
When an order is issued by the agency head in a contested case, the order may consider and decide whether a rule of that agency is within the agency's substantive rulemaking authority or whether the rule has been promulgated according to proper procedure. The agency head may delegate to a hearing officer the authority to recommend a decision on issues of whether a rule is within the agency's substantive rulemaking authority or whether the rule has been promulgated according to proper procedure or may retain all such authority itself. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.417 - 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). Ex parte communications from members of the general public not associated with any party are not required to be reported by this rule. However, when a presiding officer has received a written ex parte communication regarding any substantive issue from a party or representative of a party during a contested case, the presiding officer shall place a copy of the communication in the file for the case and distribute a copy of it to all parties of record or order the party providing the written communication to serve a copy of the written communication upon all parties of record. Written communications from a party showing service upon all other parties are not ex parte communications. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.500 - ALTERNATIVE RESOLUTION OF CONTESTED CASES

Current through August 31, 2023
The Idaho Legislature encourages informal means of alternative dispute resolution (ADR). For contested cases, the means of ADR include, but are not limited to, settlement negotiations, mediation, factfinding, minitrials, and arbitration, or any combination of them. These alternatives can frequently lead to more creative, efficient and sensible outcomes than may be attained under formal contested case procedures. An agency may use ADR for the resolution of issues in controversy in a contested case if the agency finds that such a proceeding is appropriate. Reasons why an agency may find that using ADR is not appropriate may include, but are not limited to, a finding that an authoritative resolution of the matter is needed for precedential value, that formal resolution of the matter is of special importance to avoid variation in individual decisions, that the matter significantly affects persons who are not parties to the proceeding, or that a formal proceeding is in the public interest. Nothing in this rule shall be interpreted to require the Board to utilize ADR procedures in a contested case, nor shall it require the Board to make any findings of fact, conclusions of law, or orders with respect to a decision concerning utilization of ADR procedures. A Board decision on utilization of ADR procedures is not reviewable. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.501 - NEUTRALS

Current through August 31, 2023
When ADR is used for all or a portion of a contested case, the agency may provide a neutral to assist the parties in resolving their disputed issues. The neutral may be an employee of the agency or of another state agency or any other individual who is acceptable to the parties to the proceeding. A neutral shall have no official, financial, or personal conflict of interest with respect to the issues in controversy, unless such interest is disclosed in writing to all parties and all parties agree that the neutral may serve. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.502 - CONFIDENTIALITY

Current through August 31, 2023
Communications in an ADR proceeding shall not be disclosed by the neutral or by any party to the proceeding unless all parties to the proceeding consent in writing, the communication has already been made public, or is required by court order, statute or agency rule to be made public. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.510 - PURPOSES OF PREHEARING CONFERENCES

Current through August 31, 2023
The presiding officer may by order or notice issued to all parties and to all interested persons as defined in Section  158  convene a prehearing conference in a contested case for the purposes of formulating or simplifying the issues, obtaining concessions of fact or identification of documents to avoid unnecessary proof, scheduling discovery (when discovery is allowed), arranging for the exchange of proposed exhibits or prepared testimony, limiting witnesses, discussing settlement offers or making settlement offers, scheduling hearings, establishing procedure at hearings, and addressing other matters that may expedite orderly conduct and disposition of the proceeding or its settlement. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.511 - NOTICE OF PREHEARING CONFERENCE

Current through August 31, 2023
Notice of the place, date and hour of a prehearing conference will be served at least fourteen (14) days before the time set for the prehearing conference, unless the presiding officer finds it necessary or appropriate for the conference to be held earlier. Notices for prehearing conference must contain the same information as notices of hearing with regard to an agency's obligations under the American with Disabilities Act. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.512 - RECORD OF CONFERENCE

Current through August 31, 2023
Prehearing conferences may be held formally (on the record) or informally (off the record) before or in the absence of a presiding officer, according to order or notice. Agreements by the parties to the conference may be put on the record during formal conferences or may be reduced to writing and filed with the agency after formal or informal conferences. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.513 - ORDERS RESULTING FROM PREHEARING CONFERENCE

Current through August 31, 2023
The presiding officer may issue a prehearing order or notice based upon the results of the agreements reached at or rulings made at a prehearing conference. A prehearing order will control the course of subsequent proceedings unless modified by the presiding officer for good cause. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.514 - FACTS DISCLOSED NOT PART OF THE RECORD

Current through August 31, 2023
Facts disclosed, offers made and all other aspects of negotiation (except agreements reached) in prehearing conferences in a contested case are not part of the record. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.520 - KINDS AND SCOPE OF DISCOVERY LISTED

Current through August 31, 2023
01.
Kinds of Discovery
. The kinds of discovery recognized and authorized by these rules in contested cases are: (3-31-22)
a. Depositions; (3-31-22)
b. Production requests or written interrogatories; (3-31-22)
c. Requests for admission; (3-31-22)
d. Subpoenas; and (3-31-22)
e. Statutory inspection, examination (including physical or mental examination), investigation, etc. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.521 - WHEN DISCOVERY AUTHORIZED

Current through August 31, 2023
No party before the agency is entitled to engage in discovery unless the party moves to compel discovery and the agency issues an order directing that the discovery be answered, or upon agreement of all parties to the discovery that discovery may be conducted. The presiding officer shall provide a schedule for discovery in the order compelling discovery, but the order compelling and scheduling discovery need not conform to the timetables of the Idaho Rules of Civil Procedure. The agency or agency staff may conduct statutory inspection, examination, investigation, etc., at any time without filing a motion to compel discovery. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.522 - RIGHTS TO DISCOVERY RECIPROCAL

Current through August 31, 2023
All parties to a proceeding have a right of discovery of all other parties to a proceeding according to Section  521  and to the authorizing statutes and rules. The presiding officer may by order authorize or compel necessary discovery authorized by statute or rule. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.523 - DEPOSITIONS

Current through August 31, 2023
Depositions may be taken in accordance with the Idaho Rules of Civil Procedure for any purpose allowed by statute, the Idaho Rules of Civil Procedure, or rule or order of the agency. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.524 - PRODUCTION REQUESTS OR WRITTEN INTERROGATORIES AND REQUESTS FOR ADMISSION

Current through August 31, 2023
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, the Idaho Rules of Civil Procedure, or rule or order of the agency. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.525 - SUBPOENAS

Current through August 31, 2023
The agency may issue subpoenas as authorized by statute, upon a party's motion or upon its own initiative. The agency upon motion to quash made promptly, and in any event, before the time to comply with the subpoena, may quash the subpoena, or condition denial of the motion to quash upon reasonable terms. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.526 - STATUTORY INSPECTION, EXAMINATION, INVESTIGATION, ETC. - CONTRASTED WITH OTHER DISCOVERY

Current through August 31, 2023
This rule recognizes, but does not enlarge or restrict, an agency's statutory right of inspection, examination (including mental or physical examination), investigation, etc. This statutory right of an agency is independent of and cumulative to any right of discovery in formal proceedings and may be exercised by the agency whether or not a person is party to a formal proceeding before the agency. Information obtained from statutory inspection, examination, investigation, etc., may be used in formal proceedings or for any other purpose, except as restricted by statute or rule. The rights of deposition, production request or written interrogatory, request for admission, and subpoena, can be used by parties only in connection with formal proceedings before the agency. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.527 - ANSWERS TO PRODUCTION REQUESTS OR WRITTEN INTERROGATORIES AND TO REQUESTS FOR ADMISSION

Current through August 31, 2023
Answers to production requests or written interrogatories and to requests for admission shall be filed or served as provided by the order compelling discovery. Answers must conform to the requirements of the Idaho Rules of Civil Procedure. The order compelling discovery may provide that voluminous answers to requests need not be served so long as they are made available for inspection and copying under reasonable terms. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.528 - FILING AND SERVICE OF DISCOVERY-RELATED DOCUMENTS

Current through August 31, 2023
Notices of deposition, cover letters stating that production requests, written interrogatories or requests for admission have been served, cover letters stating answers to production requests, written interrogatories, or requests for admission have been served or are available for inspection under Section  527, and objections to discovery must be filed and served as provided in the order compelling discovery. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.530 - PREPARED TESTIMONY AND EXHIBITS

Current through August 31, 2023
Order, notice or rule may require a party or parties to file before hearing and to serve on all other parties prepared expert testimony and exhibits to be presented at hearing. Assigned exhibits numbers should be used in all prepared testimony. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.531 - SANCTIONS FOR FAILURE TO OBEY ORDER COMPELLING DISCOVERY

Current through August 31, 2023
The agency may impose all sanctions recognized by statute or rules for failure to comply with an order compelling discovery. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.532 - PROTECTIVE ORDERS

Current through August 31, 2023
As authorized by statute or rule, the agency may issue protective orders limiting access to information generated during settlement negotiations, discovery, or hearing. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.550 - NOTICE OF HEARING

Current through August 31, 2023
Notice of the place, date and hour of hearing will be served on all parties at least fourteen (14) days before the time set for hearing, unless the agency finds by order that it is necessary or appropriate that the hearing be held earlier. Notices must comply with the requirements of Section  551. Notices must list the names of the parties (or the lead parties if the parties are too numerous to name), the case number or docket number, the names of the presiding officers who will hear the case, the name, address and telephone number of the person to whom inquiries about scheduling, hearing facilities, etc., should be directed, and the names of persons with whom the documents, pleadings, etc., in the case should be filed if the presiding officer is not the person who should receive those documents. If no document previously issued by the agency has listed the legal authority of the agency 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)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.551 - 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, and all notices of hearing must inform the parties that the hearing will be conducted in facilities meeting the accessibility requirements of the Americans with Disabilities Act. All notices of hearing must inform the parties and other persons notified that if they require assistance of the kind that the agency is required to provide under the Americans with Disabilities Act (e.g., sign language interpreters, Braille copies of documents) in order to participate in or understand the hearing, the agency will supply that assistance upon request a reasonable number of days before the hearing. The notice of hearing shall explicitly state the number of days before the hearing that the request must be made. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.552 - HOW HEARINGS HELD

Current through August 31, 2023
Hearings may be held in person or by telephone or television or other electronic means, if each participant in the hearing has an opportunity to participate in the entire proceeding while it is taking place. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.553 - CONDUCT AT HEARINGS

Current through August 31, 2023
All persons attending a hearing must conduct themselves in a respectful manner. Smoking is not permitted at hearing. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.554 - CONFERENCE AT HEARING

Current through August 31, 2023
In any proceeding the presiding officer may convene the parties before hearing or recess the hearing to discuss formulation or simplification of the issues, admissions of fact or identification of documents to avoid unnecessary proof, exchanges of documents, exhibits or prepared testimony, limitation of witnesses, establishment of order of procedure, and other matters that may expedite orderly conduct of the hearing. The presiding officer shall state the results of the conference on the record. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.555 - PRELIMINARY PROCEDURE AT HEARING

Current through August 31, 2023
Before taking evidence the presiding officer will call the hearing to order, take appearances of parties, and act upon any pending motions or petitions. The presiding officer may allow opening statements as necessary or appropriate to explain a party's presentation. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.556 - CONSOLIDATION OF PROCEEDINGS

Current through August 31, 2023
The agency may consolidate two (2) or more proceedings for hearing upon finding that they present issues that are related and that the rights of the parties will not be prejudiced. In consolidated hearings the presiding officer determines the order of the proceeding. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.557 - STIPULATIONS

Current through August 31, 2023
Parties may stipulate among themselves to any fact at issue in a contested case by written statement filed with the presiding officer or presented at hearing or by oral statement at hearing. A stipulation binds all parties agreeing to it only according to its terms. The agency may regard a stipulation as evidence or may require proof by evidence of the facts stipulated. The agency is not bound to adopt a stipulation of the parties, but may do so. If the agency 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 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.559 - TESTIMONY UNDER OATH

Current through August 31, 2023
All testimony presented in formal hearings will be given under oath. Before testifying each witness must swear or affirm that the testimony the witness will give before the agency is the truth, the whole truth, and nothing but the truth. (3-31-22)
Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.560 - PARTIES AND PERSONS WITH SIMILAR INTERESTS

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 20 - Lands, Department of › Rule 20.01.01 - RULES OF PRACTICE AND PROCEDURE BEFORE THE STATE BOARD OF LAND COMMISSIONERS › Section 20.01.01.562 - RULINGS AT HEARINGS

Current through August 31, 2023
The presiding officer rules on motions and objections presented at hearing. When the presiding officer is a hearing officer, the presiding officer's rulings may be reviewed by the agency head in determining the matter on its merits and the presiding officer may refer or defer rulings to the agency head for determination. (3-31-22)