Idaho Administrative Code › Title IDAPA 37 - Water Resources, Department of › Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES › Section 37.01.01.740 - FINAL ORDERS

Current through August 31, 2023
01.
Definition
. Final orders are preliminary orders that have become final
			 pursuant to Section
			 67-5245, Idaho Code, or orders
			 issued by the agency head pursuant to Section
			 67-5246, Idaho Code, or emergency
			 orders, including cease and desist or show cause orders, issued by the agency
			 head pursuant to Section
			 67-5247, Idaho Code.
			 (3-18-22)
02.
Content
.
			 Every final order issued by the agency head must contain or be accompanied by a
			 document containing the following, or substantially similar, paragraphs:
			 (3-18-22)
a. This is a final order of the
			 agency. (3-18-22)
b. Any party may
			 file a petition for reconsideration of this final order within fourteen (14)
			 days of the service date of this order. The agency will dispose of the petition
			 for reconsideration within twenty-one (21) days of its receipt, or the petition
			 will be considered denied by operation of law. See Section
			 67-5246(4), Idaho
			 Code. (3-18-22)
c. Pursuant to
			 Section 42-1701A(3),
			 Idaho Code, unless the right to a hearing before the Director or the Board is
			 otherwise provided by statute, any person aggrieved by any action of the
			 Director, including any decision, determination, order or other action,
			 including action upon any application for a permit, license, certificate,
			 approval, registration, or similar form of permission required by law to be
			 issued by the Director, who is aggrieved by the action of the Director, and who
			 has not previously been afforded an opportunity for a hearing on the matter
			 shall be entitled to a hearing before the Director to contest the action. The
			 person shall file with the Director, within fifteen (15) days after receipt of
			 written notice of the action issued by the Director, or receipt of actual
			 notice, a written petition stating the grounds for contesting the action by the
			 Director and requesting a hearing. This order shall not be subject to judicial
			 review in district court if a request for hearing under Section
			 42-1701A(3),
			 Idaho Code is filed with the Department within the time prescribed for filing a
			 petition for reconsideration. (3-18-22)
d. Pursuant to Sections
			 67-5270 and
			 67-5272, Idaho Code, any party
			 aggrieved by this final order or orders previously issued in this case shall be
			 deemed to have exhausted all administrative remedies and may file a petition
			 for judicial review of this final order and all previously issued orders in
			 this case to district court by filing a petition in the district court of the
			 county in which: (3-18-22)
i. A hearing was
			 held; (3-18-22)
ii. The final
			 agency action was taken; (3-18-22)
iii. The party seeking review of the order
			 resides; or (3-18-22)
iv. The real
			 property or personal property that was the subject of the agency action is
			 located. (3-18-22)
e. A
			 petition for judicial review must be filed within twenty-eight (28) days (a) of
			 the service date of this final order, (b) of an order denying petition for
			 reconsideration, or (c) the failure within twenty-one (21) days to grant or
			 deny a petition for reconsideration, whichever is later. See Section
			 67-5273, Idaho Code, and Rule
			 84 of the Idaho Rules of Civil
			 Procedure. The filing of a petition for judicial review does not stay the
			 effectiveness or enforcement of the order under review.
			 (3-18-22)