reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 61 - Public Defense Commission, State › Rule 61.01.02 - REQUIREMENTS AND PROCEDURES FOR REPRESENTING INDIGENT PERSONS › Section 61.01.02.030 - PUBLIC DEFENSE INDEPENDENT OF POLITICAL AND JUDICIAL INFLUENCE

Current through August 31, 2023
Counties will ensure public defense is independent of political and to the extent possible, judicial influence, provided however, the judiciary is encouraged to contribute information and advice concerning the delivery of public defense services. (4-6-23)T
01.
No Judicial, Political or Conflict Influences
. The county's selection and retention of Defending Attorneys will not involve conflicts of interest. (4-6-23)T
02.
Independent Committees
. (4-6-23)T
a. Selection Recommendation Committee. The county will use an independent committee from within the county or region for recommendations to the Board of County Commissioners for the selection of the lead institutional Defending Attorney or primary contracting Defending Attorneys as the main providers of public defense services as set forth in Sections  19-859  and  19-860(2), Idaho Code; and (4-6-23)T
b. Independence Working Group. Each judicial district may establish an independent working group of one (1) attorney for each county who practices public defense in or who is familiar or will become familiar with public defense in the county and who is not a Defending Attorney for the appointing county and who is not a prosecutor, to act as a liaison in independence issues between Defending Attorneys and county stakeholders. The Administrative District Judge (ADJ) or Trial Court Administrator (TCA) will identify the members of the working group for their District, and if the ADJ or TCA does not, the Commission will identify group members. (4-6-23)T
c. Information about an attorney's fitness to represent Indigent Persons is confidential and exempt from Public Records Act under Section  74-105(18)(a), Idaho Code. (4-6-23)T
Idaho Administrative Code › Title IDAPA 61 - Public Defense Commission, State › Rule 61.01.02 - REQUIREMENTS AND PROCEDURES FOR REPRESENTING INDIGENT PERSONS › Section 61.01.02.040 - COUNTIES TO PROVIDE CONSISTENT RESOURCES FOR PUBLIC DEFENSE

Current through August 31, 2023
Counties will provide adequate and equitable resources for public defense consistent with a properly funded prosecutor as provided in Sections  19-860(1),  19-861(3)   and  19-850(1)(a)(vii)7, Idaho Code. (4-6-23)T
01.
Staff and Facilities
. Defending Attorneys and prosecutors will have equal access to quality staff and facilities. (4-6-23)T
02.
Pay
. So far as is possible, Defending Attorneys and their staff will not be compensated less than a properly funded prosecutor and staff with similar experience and performing similar duties. (4-6-23)T
03.
Other Resources
. Defending Attorneys and the prosecutor will have equal access to resources necessary for legal representation. This includes but is not limited to the independent investigation and evaluation of evidence. (4-6-23)T
04.
Equity Review
. The county will frequently review and assess equity between, and resource needs of, Defending Attorneys and prosecutors. (4-6-23)T
05.
Budget for Equity
. The county will frequently review resource needs with Defending Attorney and adequately budget to meet those needs. (4-6-23)T
Idaho Administrative Code › Title IDAPA 61 - Public Defense Commission, State › Rule 61.01.02 - REQUIREMENTS AND PROCEDURES FOR REPRESENTING INDIGENT PERSONS › Section 61.01.02.050 - COURT APPOINTMENT OF COMPETENT DEFENDING ATTORNEYS

Current through August 31, 2023
Courts will appoint Defending Attorneys who are competent to represent Indigent Persons as provided in Sections  19-855  and  19-850(1)(a)(vi), Idaho Code, and Subsection  060  of these rules. (4-6-23)T
01.
Appointment in Non-Capital Cases
. (4-6-23)T
a. Courts will appoint a Defending Attorney from the Defending Attorney Roster except in extraordinary circumstances where the Court: (4-6-23)T
i. Finds there is good cause to appoint an attorney at public expense who is not on the Roster; (4-6-23)T
ii. Finds the attorney is competent to represent the Indigent Person in the particular case; and (4-6-23)T
iii. Directs the appointed attorney to notify the PDC of the appointment. (4-6-23)T
Idaho Administrative Code › Title IDAPA 61 - Public Defense Commission, State › Rule 61.01.02 - REQUIREMENTS AND PROCEDURES FOR REPRESENTING INDIGENT PERSONS › Section 61.01.02.060 - DEFENDING ATTORNEY MINIMUM REQUIREMENTS

Current through August 31, 2023
Defending Attorneys shall meet the following minimum requirements for providing effective representation to Indigent Persons as provided in Sections  19-855,  19-860(2),  19-850(1)(a)(vi)   and  19-850(1)(a)(v)(ii)5   and 8, Idaho Code. (4-6-23)T
01.
Idaho State License, Defending Attorney Roster, and County Employment or Contract Requirements
: (4-6-23)T
a. Licensed to practice law in Idaho and in compliance with Idaho State Bar rules; (4-6-23)T
b. Member of the Defending Attorney Roster, except as provided in Subsection  050  of these rules; (4-6-23)T
c. Employed or under contract to provide public defense services to a county; and (4-6-23)T
d. If a Court attempts to appoint an attorney to represent an Indigent Person at public expense and the attorney does not meet one or more of the requirements in this Subsection  060.01, the attorney will immediately notify the Court. (4-6-23)T
Idaho Administrative Code › Title IDAPA 61 - Public Defense Commission, State › Rule 61.01.02 - REQUIREMENTS AND PROCEDURES FOR REPRESENTING INDIGENT PERSONS › Section 61.01.02.070 - ATTORNEY ROSTERS REQUIREMENTS AND PROCEDURES

Current through August 31, 2023
01.
Defending Attorney Roster
. (4-6-23)T
a. Attorneys who complete the PDC form verifying they meet the items in this Subsection  070.01  will be automatically included and remain on the Defending Attorney Roster until they request removal or are removed for failing to comply with Public Defense Rules. Attorneys who are unable to verify the items in this Subsection  070.01  may submit a new verification form at any time. (4-6-23)T
i. Have an active license to practice law in Idaho; (4-6-23)T
ii. Attest they are in compliance with the Public Defense Rules or will comply with the Rules when appointed and representing an Indigent Person; (4-6-23)T
iii. New attorneys admitted to the Idaho State Bar within the previous year will name and be mentored by an experienced Defending Attorney on the Defending Attorney Roster; (4-6-23)T
iv. Have completed the minimum continuing legal education ("CLE") requirements in Paragraph 090.03 of these rules within the previous year or within the next ninety (90) days of being placed on the Roster; (4-6-23)T
v. Attorneys on the Defending Attorney Roster will complete Annual Reports as set forth in IDAPA 61.01.03, "Records, Reporting and Review," Paragraph 020.01.a. Attorneys who at the time of inclusion on the Defending Attorney Roster are not under contract with a county will promptly provide PDC Staff notice and copy of any county contracts entered after inclusion. (4-6-23)T
Idaho Administrative Code › Title IDAPA 61 - Public Defense Commission, State › Rule 61.01.02 - REQUIREMENTS AND PROCEDURES FOR REPRESENTING INDIGENT PERSONS › Section 61.01.02.080 - REVIEW OF ROSTER DECISIONS

Current through August 31, 2023
01.
Denial of Initial Inclusion on the Defending Attorney Roster
. (4-6-23)T
a. An attorney may appeal a denial of initial inclusion on the Defending Attorney Roster by submitting a notice of appeal within fourteen (14) days of the date of the notice of denial. (4-6-23)T
b. The Commission will review a timely appeal and issue a final agency order affirming or reversing the denial, or take other action deemed appropriate by the Commission. (4-6-23)T
Idaho Administrative Code › Title IDAPA 61 - Public Defense Commission, State › Rule 61.01.02 - REQUIREMENTS AND PROCEDURES FOR REPRESENTING INDIGENT PERSONS › Section 61.01.02.090 - CONTINUING LEGAL EDUCATION

Current through August 31, 2023
Roster members must complete the minimum continuing public defense legal education requirements as provided in Sections  19-850(1)(a)(vii)5   and 8, Idaho Code, as follows. (4-6-23)T
01.
Approval
. CLE credits that meet the requirements in Subsection  090.02  of these rules will count toward minimum requirements. Roster members have the option to request advance approval of a CLE course to confirm the course meets minimum requirements. Courses that are not pre-approved by PDC Staff will not be approved if they do not meet these requirements. (4-6-23)T
02.
Idaho Law
. Legal education must directly relate to Idaho substantive or procedural law and the Defending Attorney's public defense practice to count toward minimum requirements, and will not be approved if not substantially related. (4-6-23)T
03.
Minimum Number and Type of CLEs Required for Each Roster
. (4-6-23)T
a. Defending Attorney Roster - Minimum of seven (7) CLE credits each county fiscal year (October 1 - September 30); (4-6-23)T
b. Capital Defending Attorney Roster - Minimum of twelve (12) CLE credits with at least ten (10) from a nationally recognized and well-established capital trial training program, every other county fiscal year. Attorneys on both Rosters may count capital CLE credits toward the seven (7) CLE credits. (4-6-23)T
c. Defending Attorneys with supervisory or management duties - Minimum of two (2) CLE credits each county fiscal year in leadership skills, attorney management, or mentoring, which count toward the seven (7) CLE credits. (4-6-23)T
Idaho Administrative Code › Title IDAPA 61 - Public Defense Commission, State › Rule 61.01.03 - RECORDS, REPORTING, AND REVIEW › Section 61.01.03.020 - ROSTER MEMBER INFORMATION RETENTION AND REPORTING

Current through August 31, 2023
Roster members must keep and report information about representation of Indigent Persons and their eligibility to remain on the roster as provided in Sections  19-850(1)(c)   and  19-862A(1), Idaho Code. (4-6-23)T
01.
Compliance
. (4-6-23)T
a. All information regarding compliance with Public Defense Rules; (4-6-23)T
b. Annual Report; (4-6-23)T
c. Public defense contracts; (4-6-23)T
d. Line item public defense expenditures of county funds and Financial Assistance; and (4-6-23)T
e. Resource and Financial Assistance needs; (4-6-23)T
Idaho Administrative Code › Title IDAPA 61 - Public Defense Commission, State › Rule 61.01.03 - RECORDS, REPORTING, AND REVIEW › Section 61.01.03.030 - COUNTY INFORMATION RETENTION AND REPORTING

Current through August 31, 2023
Counties must keep and report information about how the county provides public defense as provided in Sections  19-850(1)(c),  19-851(8),  19-862(1),  19-862A(1)  -(2) and (6)(c), Idaho Code. (4-6-23)T
01.
Compliance
. (4-6-23)T
a. All information regarding a county's compliance with Public Defense Rules; (4-6-23)T
b. Public defense contracts; (4-6-23)T
Idaho Administrative Code › Title IDAPA 61 - Public Defense Commission, State › Rule 61.01.03 - RECORDS, REPORTING, AND REVIEW › Section 61.01.03.040 - DETERMINATION OF COMPLIANCE

Current through August 31, 2023
PDC staff may request, review, and audit county the following records to determine compliance with Public Defense Rules and Financial Assistance as provided in Sections  19-850(1)(c),  19-851(8),  19-862(1),  19-862A(1)  -(2) and (6)(c), Idaho Code. (4-6-23)T
01.
Financial
. County budget and expenditures related to Public Defense Rules or Financial Assistance. (4-6-23)T
02.
Contracts
. Public defense contracts. (4-6-23)T
03.
Records
. Public defense records including Case names and numbers. (4-6-23)T
04.
Annual Reports
. Information reported in Annual Reports. (4-6-23)T
05.
Other
. Other information requested by PDC Staff or the Commission related to Public Defense Rules or Financial Assistance. (4-6-23)T
Idaho Administrative Code › Title IDAPA 61 - Public Defense Commission, State › Rule 61.01.03 - RECORDS, REPORTING, AND REVIEW › Section 61.01.03.050 - DEFICIENCY REPORTING, REVIEW, AND RESPONSE AS PROVIDED IN SECTIONS 19-850(1)(C), 19-862A(1, (11)-(12) AND 19-850(1)(A)(VI), IDAHO CODE

Current through August 31, 2023
01.
Reporting
. (4-6-23)T
a. Counties and Defending Attorneys have a duty to report Deficiencies to PDC Staff. (4-6-23)T
b. Deficiencies may be reported by Indigent Persons, PDC Staff, or others. (4-6-23)T
Idaho Administrative Code › Title IDAPA 61 - Public Defense Commission, State › Rule 61.01.03 - RECORDS, REPORTING, AND REVIEW › Section 61.01.03.060 - REVIEW OF WILLFUL AND MATERIAL DEFICIENCY DECISIONS

Current through August 31, 2023
01.
Emergency Action
. The Commission will take immediate action and contract with appropriate resources to remedy Willful and Material Deficiencies to avoid immediate danger and may act through an emergency proceeding under Section  67-5247, Idaho Code, when: (4-6-23)T
a. A county is using a Defending Attorney who has been removed from the applicable PDC Roster for the reasons set forth in IDAPA 61.01.02, "Requirements and Procedures for Representing Indigent Persons," Subsection  080.03; or (4-6-23)T
b. A county has not complied with or responded to a notice of Deficiency within thirty (30) days of the date of such notice; (4-6-23)T
c. If the Commission issues an emergency order to remedy Willful and Material Deficiencies, the Commission will notify the county of its order. The Commission's order will include a statement of the immediate danger and is effective immediately; (4-6-23)T
d. A county may challenge the Commission's emergency order to remedy Willful and Material Deficiencies hereunder by submitting a notice of appeal and all supporting documentation within fourteen (14) days of the date of the Commission's order; (4-6-23)T
e. The Commission will review any timely challenge and issue an emergency decision within twenty-eight (28) days of receipt of timely filed notice and materials. The Commission may base its decision on a written record or elect to hold a hearing. (4-6-23)T
Idaho Administrative Code › Title IDAPA 61 - Public Defense Commission, State › Rule 61.01.04 - FINANCIAL ASSISTANCE AND TRAINING RESOURCES › Section 61.01.04.020 - FINANCIAL ASSISTANCE FOR COUNTIES TO PROVIDE PUBLIC DEFENSE IN COMPLIANCE WITH PUBLIC DEFENSE RULES AS PROVIDED IN SECTION 19-862A, IDAHO CODE

Current through August 31, 2023
01.
Information for Application
. Counties making application for Financial Assistance to continue complying with Public Defense Rules or cure any Deficiency must provide the following information: (4-6-23)T
a. Compliance Plan and Cost Analysis; (4-6-23)T
b. Compliance attestation required by Section  19-862A, Idaho Code; (4-6-23)T
c. Itemization of the County's public defense: (4-6-23)T
i. Expenditures for the prior county fiscal year; (4-6-23)T
ii. Budget for the current county fiscal year; and (4-6-23)T
iii. Anticipated budget for the upcoming county fiscal year; (4-6-23)T
d. Information from Defending Attorneys necessary for the Compliance Plan and application; and (4-6-23)T
e. Other information requested by PDC Staff or the Commission related to Public Defense Rules or Financial Assistance. (4-6-23)T
Idaho Administrative Code › Title IDAPA 61 - Public Defense Commission, State › Rule 61.01.04 - FINANCIAL ASSISTANCE AND TRAINING RESOURCES › Section 61.01.04.030 - TRAINING RESOURCES FOR ATTORNEYS ON THE PDC ROSTERS, AND THEIR STAFF WHO DIRECTLY SUPPORT PUBLIC DEFENSE PRACTICE

Current through August 31, 2023
01.
PDC Training
. The PDC may partner with outside organizations to present free or reduced cost training. (4-6-23)T
02.
Scholarships
. The PDC may award training scholarships for approved non-PDC training. (4-6-23)T
03.
Non-Roster Attorneys
. Attorneys not on a Roster and their staff are not eligible for PDC training or scholarships but may participate through a partner organization, if applicable. (4-6-23)T
04.
Preference and Conditions
. Training and scholarship funds are limited and subject to the following: (4-6-23)T
a. Preference is given to qualified applicants whose experience levels and compliance needs best fit the particular training program, and who did not attend a free or discounted training within the previous year; (4-6-23)T
b. Approved applicants must immediately notify PDC Staff if they cannot attend or fully participate in any training; and (4-6-23)T
c. Approved applicants who, without timely notifying PDC Staff, were absent from or failed to fully participate in a previous training, will not get preference and may not be eligible for training and scholarship benefits for the next twelve (12) months. (4-6-23)T
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › General Provisions › Section 62.01.01.000 - LEGAL AUTHORITY

Current through September 2, 2024
This chapter is adopted under the legal authority of Section  67-5206, Idaho Code.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › General Provisions › Section 62.01.01.001 - TITLE AND SCOPE

Current through September 2, 2024
01.
Title
. This chapter is titled "Idaho Rules of Administrative Procedure."
02.
Scope
. Every state agency that conducts "contested cases" as defined by Section  67-5240, Idaho Code, must use these rules unless otherwise required by governing federal or state statute, rule, regulation, or binding state or federal judicial decisional authority.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › General Provisions › Section 62.01.01.002 - DEFINITIONS

Current through September 2, 2024
All terms used in this Chapter shall be interpreted in accordance with the definitions set forth in the Idaho Administrative Procedure Act ("APA") within Section  67-5201, Idaho Code, and as otherwise defined below:
01.
Agency
. In addition to the definition in Section  67-5201(2), Idaho Code, reference to the "agency" in these rules includes the agency director, board or commission, agency secretary, hearing officer appointed by the agency, hearing officer assigned by the Office of Administrative Hearings, or other such presiding officer, as context requires. In turn, reference to the "agency head" means the agency director, board or commission, as context requires, or such other officer designated by the agency head to review recommended or preliminary orders.
02.
Interlocutory Order
. Any order issued by a presiding officer or agency head which is neither a preliminary order, a recommended order, nor a final order.
03.
Presiding Officer
. One (1) or more members of the agency board or commission, the agency head, or duly appointed hearing officer(s) who are authorized by statute or rule to preside at a contested case hearing. 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.
04.
Service or Serving
. The agency's or a party's delivery or distribution of official documents in a legally sufficient manner in a contested case proceeding to the parties to that proceeding and, if applicable, to any other persons required by statute, rule, order, or notice to receive official documents.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › General Provisions › Section 62.01.01.003 - ABBREVIATIONS

Current through September 2, 2024
These rules use the following abbreviations:
01.
ADA
. ADA means the Americans with Disabilities Act of 1990,  42 U.S.C. §§
											12101, et seq.
02.
ADR
. ADR means alternative dispute resolution, which includes, but is not limited to, mediation, arbitration, negotiation, conciliation, collaboration, mini-trial, and peacemaking.
03.
APA
. APA means the Idaho Administrative Procedure Act, Chapter 52, Title 67, Idaho Code.
04.
IRAP
. IRAP means these rules, the Idaho Rules of Administrative Procedure.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › General Provisions › Section 62.01.01.004 - LIBERAL CONSTRUCTION

Current through September 2, 2024
The rules in this chapter will be liberally construed to secure the just, speedy, and inexpensive determination of contested cases proceedings.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › General Provisions › Section 62.01.01.005 - COMMUNICATIONS WITH AGENCY

Current through September 2, 2024
All communications that are intended to be part of an official record for a decision in a contested case must be filed with the presiding officer. Unless otherwise provided by statute, rule, order, or notice, documents are considered filed when received by the presiding officer, not when mailed or otherwise transmitted.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › General Provisions › Section 62.01.01.006 - IDENTIFICATION OF COMMUNICATIONS

Current through September 2, 2024
Communications regarding a given proceeding should refer to that proceeding's case caption and case number.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › General Provisions › Section 62.01.01.007 - COMPUTATION OF TIME

Current through September 2, 2024
In computing any period of time set by these rules, the day of the event from which the period of time begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, Sunday, or legal holiday.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › General Provisions › Section 62.01.01.008 - FEES AND REMITTANCES

Current through September 2, 2024
Fees and remittances to the agency, including cost awards, shall be paid in the manner directed by the agency.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › General Provisions › Section 62.01.01.009 - COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT REQUIREMENTS

Current through September 2, 2024
All conferences and hearings must be held by means or in facilities meeting the accessibility requirements of the ADA, and any notice of conference or hearing must inform the parties that the conference or hearing will be conducted in compliance with the accessibility requirements of the ADA. Any notice of conference or hearing must inform the parties and other persons notified that if they require accessibility accommodation pursuant to the ADA, 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 conference or hearing that the request must be made.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter A - GENERAL PROVISIONS AND DEFINITIONS › General Provisions › Section 62.01.01.010 - PRACTICE NOT COVERED BY STATUTE OR RULES

Current through September 2, 2024
In cases where no provision is made by statute or by these rules, proceedings in contested cases to which these rules apply shall be in accordance with the practice usually followed in such or similar contested cases, or as may be prescribed by the hearing officer or stipulated to by the parties.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter B - PROSECUTIONS AND INFORMAL RESOLUTIONS › Agency As Prosecutor And Advisor › Section 62.01.01.100 - CONTRAST BETWEEN AGENCY'S PROSECUTORIAL / INVESTIGATIVE AND ADJUDICATORY FUNCTIONS

Current through September 2, 2024
When statute assigns to an agency both (1) the authority to initiate petitions or to investigate petitions made by the public, and (2) the authority to decide the merits of petitions, the agency is required to perform both of those functions and shall follow the following procedures within Rules 100 through 103 applicable to the agency head, agency attorneys, agency staff, and hearing officers in processing these petitions or responding to citizen inquiries. As used within Rules 100 through 103, the term "agency head" shall include any person designated by the agency head to exercise, in whole or in part, the ultimate legal authority vested in the agency.
01.
Prosecutorial/Investigative Function
. The prosecutorial/investigative function can be performed exclusively by agency attorneys and agency staff. When required or allowed by statute, the agency head may participate in or supervise investigations preceding the issuance of a petition and may supervise the agency attorneys and agency staff conducting the prosecution of the petition issued by the agency head, but the agency head shall not participate in the prosecution of a formal contested case hearing for a petition issued by the agency unless the agency head does not participate in the adjudicatory function.
02.
Adjudicatory Function
. The adjudicatory function is performed by the agency head and/or a hearing officer. The adjudicatory function includes: deciding whether to issue a petition upon the basis of allegations before the agency when the decision to issue the petition is made by an agency head acting in an adjudicatory capacity, i.e., when presented by agency staff in a formal setting with the question whether a petition shall be issued; deciding whether to accept a consent order or other settlement after a petition is issued when the decision to accept a consent order or other settlement is made by an agency head acting in an adjudicatory capacity; and deciding the merits of a petition following presentation of evidence in formal contested case proceedings.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter B - PROSECUTIONS AND INFORMAL RESOLUTIONS › Agency As Prosecutor And Advisor › Section 62.01.01.101 - PUBLIC INQUIRIES ABOUT OR RECOMMENDATIONS FOR AGENCY ISSUANCE OF A PETITION

Current through September 2, 2024
01.
Response to Public Inquiry
. When the public contacts an agency head, an agency attorney, or agency staff to inquire whether a petition should be issued by an agency or to recommend that a petition be issued, the agency head may: explain the agency's procedures; explain the agency's jurisdiction or authority (including the statutes or rules administered by the agency); and direct the public to appropriate staff personnel who can provide investigatory assistance or who can advise them how to pursue a petition before the agency. Additionally, response can be provided by specific agency roles as follows:
a. The Agency Head. When the agency head issues petitions, the agency head may also discuss whether given allegations would, in the agency head's opinion, warrant the issuance of a petition or warrant direction to staff to pursue further investigation. No statement of the agency head in response to a public inquiry constitutes a finding of fact or other decision on the underlying matter.
b. The Agency Attorney. An agency attorney assigned to a prosecutorial/investigative role may also discuss whether given allegations would, in the attorney's opinion, warrant the issuance of a petition or warrant direction to staff to pursue further investigation. The agency is not bound by the attorney's advice or recommendations, and the attorney should notify the public that the agency is not obligated to follow the attorney's advice or recommendations.
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter B - PROSECUTIONS AND INFORMAL RESOLUTIONS › Agency As Prosecutor And Advisor › Section 62.01.01.102 - AGENCY PROCEDURES AFTER ISSUANCE OF A PETITION

Current through September 2, 2024
01.
The Agency Head
.
a. Prohibited Contacts--Allowable Managerial Reporting. Once a petition has issued, the agency head shall not discuss the substance of the petition ex parte with any representative of any party, agency attorneys or agency staff involved in the prosecution or investigation of the petition, or an assigned hearing officer, unless authorized or required by statute. The agency head may request periodic progress reporting on staff preparation from an executive director or other staff member in charge. As required to perform statutory supervisory duties, the agency head may also approve or disapprove expenditures associated with the prosecution, authorize retention of experts or outside counsel for the prosecution, address policy issues that may affect the prosecution, and otherwise discharge the agency head's statutory management and supervisory duties.
b. Allowed Contacts. The agency head may discuss the substance of the petition with agency attorneys and agency staff who are not involved in the prosecution or investigation of the petition. When one or more members of the agency head sits as a presiding officer to hear the contested case, any other member of the agency head not participating in the prosecution and not supervising prosecutorial/investigative personnel may discuss the substance of the petition with that presiding officer.
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter B - PROSECUTIONS AND INFORMAL RESOLUTIONS › Agency As Prosecutor And Advisor › Section 62.01.01.103 - ASSISTANCE WITH AGENCY HEAD'S CONSIDERATION OF RECOMMENDED OR PRELIMINARY ORDER

Current through September 2, 2024
01.
The Agency Head
. In considering a presiding officer's recommended or preliminary order, the agency head issuing a final order may consult with an agency attorney assigned to advise or assist the agency head and with agency staff who did not participate in the investigation or prosecution of the petition. The agency head shall not discuss the substance of the petition ex parte with any representative of any party, agency attorneys or agency staff involved in the prosecution or investigation of the petition, or the presiding officer.
02.
The Agency Attorney
.
a. Prosecutorial/Investigative Attorneys. No agency attorney involved in the investigation or prosecution of a petition shall consult with the agency head issuing a final order considering a presiding officer's recommended or preliminary order. An agency attorney who was involved in the investigation or prosecution of the petition may attend public meetings of the agency head that consider petitions and may respond to questions from the agency head, so long as the meetings have been noticed to all parties and all parties have the same opportunity to respond to questions from the agency head as the agency's prosecutorial/investigative attorneys.
b. Advisory Attorneys. An agency attorney assigned to advise or assist the agency head in consideration of the petition may consult with the agency head in preparation for or while the agency head is considering a presiding officer's recommended or preliminary order.
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter B - PROSECUTIONS AND INFORMAL RESOLUTIONS › Informal Dispositions › Section 62.01.01.150 - INFORMAL DISPOSITIONS, GENERALLY

Current through September 2, 2024
Informal dispositions may be conducted in writing, by telephone or video, or in person, and may include individual contacts by or with the agency staff asking for information, advice, or assistance from the agency staff, or proposing informal resolution of formal disputes under the law administered by the agency. At any time following the presentment of an informal disposition to the presiding officer, the presiding officer may, including at the time of hearing, request additional information needed by the presiding officer to determine whether to render a decision in the contested case proceeding.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter B - PROSECUTIONS AND INFORMAL RESOLUTIONS › Informal Dispositions › Section 62.01.01.151 - ALTERNATIVE DISPUTE RESOLUTION OF CONTESTED CASES

Current through September 2, 2024
If informal disposition cannot be reached by the parties, the use of ADR at any time before or after a contested case has been initiated is encouraged. A presiding officer may inquire as to the status of ADR or otherwise encourage parties to undertake ADR, but a presiding officer may not order parties to undertake ADR without the agreement of all parties. No party may be penalized or sanctioned for failing or refusing to participate in ADR, except where a party refuses or fails to participate in mandatory or binding ADR that the parties have voluntarily agreed to.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter B - PROSECUTIONS AND INFORMAL RESOLUTIONS › Informal Dispositions › Section 62.01.01.152 - NEUTRALS

Current through September 2, 2024
When ADR is used for all or a portion of a contested case, or prior to the initiation of a contested case, an agency may provide a neutral, at the agency's cost, to assist the parties in resolving their disputed issues. The neutral may be any individual agreed upon by the parties, but must be someone with 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. If the parties are unable to agree upon, or identify, a neutral to provide ADR services, the agency shall make a request to the Office of Administrative Hearings for the selection and provision of a neutral by the Chief Administrative Hearing Officer.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter B - PROSECUTIONS AND INFORMAL RESOLUTIONS › Informal Dispositions › Section 62.01.01.153 - CONFIDENTIALITY OF SETTLEMENT NEGOTIATIONS

Current through September 2, 2024
Negotiations regarding a potential consent order or other settlement made prior to or during a contested case are confidential, unless all participants to the negotiation agree to the contrary in writing. Facts disclosed, offers made, and all other aspects of negotiation (except agreements reached) in any such negotiations are not part of the record.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter B - PROSECUTIONS AND INFORMAL RESOLUTIONS › Informal Dispositions › Section 62.01.01.154 - PROCEDURE FOR NOTICE OF INFORMAL DISPOSITION OCCURRING PRIOR TO A CONTESTED CASE PROCEEDING

Current through September 2, 2024
The terms of any informal disposition, including, but not limited to, any stipulation regarding agreement as to facts, evidence, or issues in a contested case, which are reached prior to the initiation of a contested case proceeding shall be disclosed by the parties in full to the presiding officer no later than the initial scheduling conference, unless otherwise directed by the presiding officer.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter B - PROSECUTIONS AND INFORMAL RESOLUTIONS › Informal Dispositions › Section 62.01.01.155 - STIPULATIONS REGARDING FACTS

Current through September 2, 2024
Parties may stipulate among themselves to any fact at issue in a contested case by written statement filed with the presiding officer or presented 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 presiding officer is not bound to adopt a stipulation of the parties, but may do so. If adopted, the presiding officer may regard a stipulation as evidence, or may require additional proof by evidence of the facts stipulated. If the presiding officer rejects a stipulation, they will do so before issuing their order, and will provide an additional opportunity for the parties to present evidence and arguments on the subject matter of the rejected stipulation.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter B - PROSECUTIONS AND INFORMAL RESOLUTIONS › Informal Dispositions › Section 62.01.01.156 - CONSENT ORDERS AND OTHER SETTLEMENTS

Current through September 2, 2024
This rule sets forth procedures to be followed when a consent order or other settlement is negotiated before or after the initiation of a contested case proceeding.
01.
Negotiations
. Persons who participate in negotiations regarding a consent order or other settlement prior to the initiation of a contested case proceeding are not permitted to serve as a presiding officer in any subsequent contested case proceeding regarding the same matter. Once a contested case proceeding has been initiated, no presiding officer may thereafter participate in negotiations regarding a consent order or other settlement.
02.
Presentation of Consent Order or Other Settlement to Agency Head
. When the consent order provides, or the persons signing the consent order contemplate, that the consent order must be presented to the agency head for approval, the consent order may be presented to the agency head by representatives of any party, unless the agreement provides to the contrary. Any consent order presented to the agency head must be served on all parties and the presiding officer, if any. The agency head may accept or reject the consent order, indicate how the consent order must be modified to be acceptable, or inform the parties what further information is required for the agency head's consideration of the consent order. When a consent order is rejected, no matter recited in the rejected consent order may be used as an admission against a party in any later proceeding before the agency, and any such matter must be proven by evidence independent of the consent order.
03.
Consideration Of Consent Orders And Other Settlements By Presiding Officers
. Consent orders and other settlements must be reviewed under this rule. When a consent order or other settlement is presented to the presiding officer, the presiding officer will prescribe procedures appropriate to the nature of the agreement to consider the agreement. For example, the presiding officer may summarily accept settlement of essentially private disputes that have no significant implications for administration of the law for persons other than the affected parties. On the other hand, when one or more parties to a proceeding is not party to the settlement or when the settlement presents issues of significant implication for other persons, the presiding officer may convene an evidentiary hearing to consider the reasonableness of the agreement and whether acceptance of the agreement is consistent with the agency's charge under the law.
04.
Suspension of Deadlines
. Unless otherwise provided by law, the presiding officer may suspend all contested case deadlines, including the hearing date, during the consideration of a proposed consent order or other settlement.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter B - PROSECUTIONS AND INFORMAL RESOLUTIONS › Informal Dispositions › Section 62.01.01.157 - INQUIRY ABOUT NEGOTIATIONS

Current through September 2, 2024
Through notice or order or on the record at prehearing conference or hearing, the presiding officer may inquire of the parties in any proceeding whether settlement negotiations are in progress or are contemplated or may invite settlement of an entire proceeding or certain issues.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter B - PROSECUTIONS AND INFORMAL RESOLUTIONS › Informal Dispositions › Section 62.01.01.158 - BURDENS OF PROOF

Current through September 2, 2024
Proponents of a proposed consent order or other settlement agreement carry the burden of showing that the consent order or other settlement agreement is in accordance with the law. The presiding officer may require the development of an appropriate record in support of or opposition to a proposed consent order or other settlement agreement as a condition of accepting or rejecting the consent order or other settlement agreement.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter B - PROSECUTIONS AND INFORMAL RESOLUTIONS › Informal Dispositions › Section 62.01.01.159 - CONSENT ORDERS AND SETTLEMENTS NOT BINDING

Current through September 2, 2024
The presiding officer is not bound by consent orders or other settlement agreements that are not unanimously accepted by all parties or that have significant implications for persons not parties. In these instances, the presiding officer will independently review any proposed settlement to determine whether the settlement is in accordance with the law.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter B - PROSECUTIONS AND INFORMAL RESOLUTIONS › Informal Dispositions › Section 62.01.01.160 - NEGOTIATIONS DO NOT EXHAUST ADMINISTRATIVE REMEDIES

Current through September 2, 2024
Negotiations regarding potential consent orders or other settlement agreements do not substitute for formal proceedings and do not exhaust administrative remedies, and any such negotiations are conducted without prejudice to the right of the parties to present the matter formally to the agency as a contested case.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter C - CONTESTED CASE PARTICIPANTS › Parties › Section 62.01.01.200 - PARTIES TO CONTESTED CASES LISTED

Current through September 2, 2024
Unless otherwise labeled by statute or by agency practice, parties to contested cases before the agency are called petitioners, respondents, or intervenors. On reconsideration or appeal within the agency, parties are called by their original titles.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter C - CONTESTED CASE PARTICIPANTS › Parties › Section 62.01.01.201 - PETITIONERS

Current through September 2, 2024
Persons who seek to modify, amend, or stay existing orders or rules of the agency, to clarify their rights or obligations under law administered by the agency, to ask the agency to initiate a contested case, or to otherwise take action that will result in the issuance of an order or rule, are called "petitioners."
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter C - CONTESTED CASE PARTICIPANTS › Parties › Section 62.01.01.202 - RESPONDENTS

Current through September 2, 2024
Persons against whom petitions or complaints are filed or about whom investigations are initiated are called "respondents."
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter C - CONTESTED CASE PARTICIPANTS › Parties › Section 62.01.01.203 - INTERVENORS

Current through September 2, 2024
Persons, other than petitioners and respondents, who are permitted to participate as parties are called "intervenors."
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter C - CONTESTED CASE PARTICIPANTS › Parties › Section 62.01.01.204 - RIGHTS OF PARTIES AND OF AGENCY STAFF

Current through September 2, 2024
All parties, including agency staff, may appear at any hearing or argument, introduce evidence, examine witnesses, make and argue motions, state positions, and otherwise fully participate in hearings or arguments, including submitting any written filings which are required or which are requested by the presiding officer.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter C - CONTESTED CASE PARTICIPANTS › Parties › Section 62.01.01.205 - WITHDRAWAL AND SUBSTITUTION OF PARTIES

Current through September 2, 2024
Any party may withdraw from a proceeding upon notice to the presiding officer in writing or at hearing. Upon withdrawal of a party, the presiding officer shall determine if and how the contested case proceeding will continue. A presiding officer conducting the hearing may default the withdrawing party, may proceed with the hearing on the matter, or may take such other action consistent with law. A presiding officer may, upon motion, permit the substitution of a party as justice requires.
Effective July 1, 2024
Idaho Administrative Code › Title IDAPA 62 - Administrative Hearings, Office of › Rule 62.01.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE › Subchapter C - CONTESTED CASE PARTICIPANTS › Parties › Section 62.01.01.206 - PERSONS NOT PARTIES - INTERESTED PERSONS

Current through September 2, 2024
Persons other than the persons named in Rules 200 through 203 are not parties for the purpose of any statute or rule addressing rights or obligations of parties to a contested case. In proceedings in which persons other than a petitioner, respondent, or intervenor would be expected to have an interest, persons may request the agency in writing that they be notified when proceedings of that kind are initiated. These persons are called "interested persons." Interested persons may become intervenors or public witnesses. The agency must serve notice of such proceedings on all interested persons. If not previously identified by the agency, the presiding officer may identify and serve potentially interested persons within their discretion or otherwise direct the agency to identify and serve such persons.
Effective July 1, 2024