reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Hearings - Miscellaneous Procedure › Section 04.11.01.565 - PROCEDURE ON PREHEARING MOTIONS

Current through August 31, 2023
The presiding officer may consider and decide prehearing motions with or without oral argument or hearing. If oral argument or hearing on a motion is requested and denied, the presiding officer must state the grounds for denying the request. Unless otherwise provided by the presiding officer, when a motion has been filed, all parties seeking similar substantive or procedural relief must join in the motion or file a similar motion within seven (7) days after receiving the original motion. The party(ies) answering to or responding to the motion(s) will have fourteen (14) days from the time of filing of the last motion or joinder pursuant to the requirements of the previous sentence in which to respond. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Hearings - Miscellaneous Procedure › Section 04.11.01.566 - JOINT HEARINGS

Current through August 31, 2023
The agency may hold joint hearings with federal agencies, with agencies of other states, and with other agencies of the state of Idaho. When joint hearings are held, the agencies may agree among themselves which agency's rules of practice and procedure will govern. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Evidence in Contested Cases › Section 04.11.01.600 - RULES OF EVIDENCE - EVALUATION OF EVIDENCE

Current through August 31, 2023
Evidence should be taken by the agency to assist the parties' development of the record, not excluded to frustrate that development. The presiding officer at hearing is not bound by the Idaho Rules of Evidence. No informality in any proceeding or in the manner of taking testimony invalidates any order. The presiding officer, with or without objection, may exclude evidence that is irrelevant, unduly repetitious, inadmissible on constitutional or statutory grounds, or on the basis of any evidentiary privilege provided by statute or recognized in the courts of Idaho. All other evidence may be admitted if it is of a type commonly relied upon by prudent persons in the conduct of their affairs. The agency's experience, technical competence and specialized knowledge may be used in evaluation of evidence. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Evidence in Contested Cases › Section 04.11.01.601 - DOCUMENTARY EVIDENCE

Current through August 31, 2023
Documentary evidence may be received in the form of copies or excerpts. Upon request, parties shall be given an opportunity to compare the copy with the original if available. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Evidence in Contested Cases › Section 04.11.01.602 - OFFICIAL NOTICE - AGENCY STAFF MEMORANDA

Current through August 31, 2023
Official notice may be taken of any facts that could be judicially noticed in the courts of Idaho and of generally recognized technical or scientific facts within the agency's specialized knowledge. Parties shall be notified of the specific facts or material noticed and the source of the material noticed, including any agency staff memoranda and data. Notice that official notice will be taken should be provided either before or during the hearing, and must be provided before the issuance of any order that is based in whole or in part on facts or material officially noticed. Parties must be given an opportunity to contest and rebut the facts or material officially noticed. When the presiding officer proposes to notice agency staff memoranda or agency staff reports, responsible staff employees or agents shall be made available for cross-examination if any party timely requests their availability. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Evidence in Contested Cases › Section 04.11.01.603 - DEPOSITIONS

Current through August 31, 2023
Depositions may be offered into evidence. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Evidence in Contested Cases › Section 04.11.01.604 - OBJECTIONS - OFFERS OF PROOF

Current through August 31, 2023
Grounds for objection to the admission or exclusion of evidence must be stated briefly at the time the evidence is offered. Formal exceptions to rulings admitting or excluding evidence are unnecessary and need not be taken. An offer of proof for the record consists of a statement of the substance of the excluded evidence. When a party objects to the admission of evidence, the presiding officer will rule on the objection, or, if the presiding officer is a hearing officer, the presiding officer may receive the evidence subject to later ruling by the agency head or refer the matter to the agency head. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Evidence in Contested Cases › Section 04.11.01.605 - PREPARED TESTIMONY

Current through August 31, 2023
The presiding officer may order a witness's prepared testimony previously distributed to all parties to be included in the record of hearing as if read. Admissibility of prepared testimony is subject to Rule  600. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Evidence in Contested Cases › Section 04.11.01.606 - EXHIBITS

Current through August 31, 2023
Exhibit numbers may be assigned to the parties before hearing. Exhibits prepared for hearing should ordinarily be typed or printed on eight and one-half inch (8 1/2") by eleven inch (11") white paper, except maps, charts, photographs and non-documentary exhibits may be introduced on the size or kind of paper customarily used for them. A copy of each documentary exhibit must be furnished to each party present and to the presiding officer, except for unusually bulky or voluminous exhibits that have previously been made available for the parties' inspection. Copies must be of good quality. Exhibits identified at hearing are subject to appropriate and timely objection before the close of proceedings. Exhibits to which no objection is made are automatically admitted into evidence without motion of the sponsoring party. Neither motion pictures, slides, opaque projections, videotapes, audiotapes nor other materials not capable of duplication by still photograph or reproduction on paper shall be presented as exhibits without advance approval of the presiding officer. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Settlements › Section 04.11.01.610 - CONFIDENTIALITY OF SETTLEMENT NEGOTIATIONS

Current through August 31, 2023
Settlement negotiations in 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 settlement negotiations in a contested case are not part of the record. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Settlements › Section 04.11.01.611 - SUGGESTION FOR OR INQUIRY ABOUT SETTLEMENTS

Current through August 31, 2023
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. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Settlements › Section 04.11.01.612 - CONSIDERATION OF SETTLEMENTS

Current through August 31, 2023
Settlements must be reviewed under this rule. When a settlement is presented to the presiding officer, the presiding officer will prescribe procedures appropriate to the nature of the settlement to consider the settlement. 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 settlement and whether acceptance of the settlement is consistent with the agency's charge under the law. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Settlements › Section 04.11.01.613 - BURDENS OF PROOF

Current through August 31, 2023
Proponents of a proposed settlement carry the burden of showing that the settlement 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 settlement as a condition of accepting or rejecting the settlement. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Settlements › Section 04.11.01.614 - SETTLEMENT NOT BINDING

Current through August 31, 2023
The presiding officer is not bound by 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. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Records for Decisions › Section 04.11.01.650 - RECORD FOR DECISION

Current through August 31, 2023
01.
Requirement
. The agency shall maintain an official record for each contested case and (unless statute provides otherwise) base its decision in a contested case on the official record for the case. (3-31-22)
02.
Contents
. The record for a contested case shall include: (3-31-22)
a. All notices of proceedings; (3-31-22)
b. All applications or claims or appeals, petitions, complaints, protests, motions, and answers filed in the proceeding; (3-31-22)
c. All intermediate or interlocutory rulings of hearing officers or the agency head; (3-31-22)
d. All evidence received or considered (including all transcripts or recordings of hearings and all exhibits offered or identified at hearing); (3-31-22)
e. All offers of proof, however made; (3-31-22)
f. All briefs, memoranda, proposed orders of the parties or of the presiding officers, statements of position, statements of support, and exceptions filed by parties or persons not parties; (3-31-22)
g. All evidentiary rulings on testimony, exhibits, or offers of proof; (3-31-22)
h. All staff memoranda or data submitted in connection with the consideration of the proceeding; (3-31-22)
i. A statement of matters officially noticed; and (3-31-22)
j. All recommended orders, preliminary orders, final orders, and orders on reconsideration. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Records for Decisions › Section 04.11.01.651 - RECORDING OR REPORTING OF HEARINGS

Current through August 31, 2023
All hearings shall be recorded on audiotape or videotape or may be taken by a qualified court reporter at the agency's expense. The agency may provide for a transcript of the proceeding at its own expense. Any party may have a transcript prepared at its own expense. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Agency Orders and Review of Agency Orders › Defaults › Section 04.11.01.700 - NOTICE OF PROPOSED DEFAULT AFTER FAILURE TO APPEAR

Current through August 31, 2023
If an applicant or claimant or appellant, petitioner, complainant, or moving party fails to appear at the time and place set for hearing on an application or claim or appeal, petition, complaint, or motion, the presiding officer may serve upon all parties a notice of a proposed default order denying the application or claim or appeal, petition, complaint, or motion. The notice of a proposed default order shall include a statement that the default order is proposed to be issued because of a failure of the applicant or claimant or appellant, petitioner, complainant or moving party to appear at the time and place set for hearing. The notice of proposed default order may be mailed to the last known mailing address of the party proposed to be defaulted. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Agency Orders and Review of Agency Orders › Defaults › Section 04.11.01.701 - SEVEN DAYS TO CHALLENGE PROPOSED DEFAULT ORDER

Current through August 31, 2023
Within seven (7) days after the service of the notice of proposed default order, the party against whom it was filed may file a written petition requesting that a default order not be entered. The petition must state the grounds why the petitioning party believes that default should not be entered. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Agency Orders and Review of Agency Orders › Defaults › Section 04.11.01.702 - ISSUANCE OF DEFAULT ORDER

Current through August 31, 2023
The agency shall promptly issue a default order or withdraw the notice of proposed default order after expiration of the seven days for the party to file a petition contesting the default order or receipt of a petition. If a default order is issued, all further proceedings necessary to complete the contested case shall be conducted without participation of the party in default (if the defaulting party is not a movant) or upon the results of the denial of the motion (if the defaulting party is a movant). All issues in the contested case shall be determined, including those affecting the defaulting party. If authorized by statute or rule, costs may be assessed against a defaulting party. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Interlocutory, Recommended, Preliminary and Final Orders - Review or Stay of Orders › Section 04.11.01.710 - INTERLOCUTORY ORDERS

Current through August 31, 2023
Interlocutory orders are orders that do not decide all previously undecided issues presented in a proceeding, except the agency may by order decide some of the issues presented in a proceeding and provide in that order that its decision on those issues is final and subject to review by reconsideration or appeal, but is not final on other issues. Unless an order contains or is accompanied by a document containing one of the paragraphs set forth in Rules  720,  730  or  740  or a paragraph substantially similar, the order is interlocutory. The following orders are always interlocutory: orders initiating complaints or investigations; orders joining, consolidating or separating issues, proceedings or parties; orders granting or denying intervention; orders scheduling prehearing conferences, discovery, hearing, oral arguments or deadlines for written submissions; and orders compelling or refusing to compel discovery. Interlocutory orders may be reviewed by the officer issuing the order pursuant to Rules  711,  760, and
770.
(3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Interlocutory, Recommended, Preliminary and Final Orders - Review or Stay of Orders › Section 04.11.01.711 - REVIEW OF INTERLOCUTORY ORDERS

Current through August 31, 2023
Any party or person affected by an interlocutory order may petition the officer issuing the order to review the interlocutory order. The officer issuing an interlocutory order may rescind, alter or amend any interlocutory order on the officer's own motion, but will not on the officer's own motion review any interlocutory order affecting any party's substantive rights without giving all parties notice and an opportunity for written comment. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Interlocutory, Recommended, Preliminary and Final Orders - Review or Stay of Orders › Section 04.11.01.712. - 719 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Interlocutory, Recommended, Preliminary and Final Orders - Review or Stay of Orders › Section 04.11.01.720 - RECOMMENDED ORDERS

Current through August 31, 2023
01.
Definition
. Recommended orders are orders issued by a person other than the agency head that will become a final order of the agency only after review of the agency head (or the agency head's designee) pursuant to Section  67-5244, Idaho Code. (3-31-22)
02.
Content
. Every recommended order must contain or be accompanied by a document containing the following paragraphs or substantially similar paragraphs: (3-31-22)
a. This is a recommended order of the hearing officer. It will not become final without action of the agency head. Any party may file a petition for reconsideration of this recommended order with the hearing officer issuing the order within fourteen (14) days of the service date of this order. The hearing officer issuing this recommended order will dispose of any petition for reconsideration within twenty-one (21) days of its receipt, or the petition will be considered denied by operation of law. See Section  67-5243(3), Idaho Code. (3-31-22)
b. Within twenty-one (21) days after (a) the service date of this recommended order, (b) the service date of a denial of a petition for reconsideration from this recommended order, or (c) the failure within twenty-one (21) days to grant or deny a petition for reconsideration from this recommended order, any party may in writing support or take exceptions to any part of this recommended order and file briefs in support of the party's position on any issue in the proceeding. (3-31-22)
c. Written briefs in support of or taking exceptions to the recommended order shall be filed with the agency head (or designee of the agency head). Opposing parties shall have twenty-one (21) days to respond. The agency head or designee may schedule oral argument in the matter before issuing a final order. The agency head or designee will issue a final order within fifty-six (56) days of receipt of the written briefs or oral argument, whichever is later, unless waived by the parties or for good cause shown. The agency head (or designee of the agency head) may remand the matter for further evidentiary hearings if further factual development of the record is necessary before issuing a final order. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Interlocutory, Recommended, Preliminary and Final Orders - Review or Stay of Orders › Section 04.11.01.721. - 729 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Interlocutory, Recommended, Preliminary and Final Orders - Review or Stay of Orders › Section 04.11.01.731. - 739 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Interlocutory, Recommended, Preliminary and Final Orders - Review or Stay of Orders › Section 04.11.01.740 - FINAL ORDERS

Current through August 31, 2023
01.
Definition
. Final orders are preliminary orders that have become final under Rule  730  pursuant to Section  67-5245, Idaho Code, or orders issued by the agency head pursuant to Section  67-5246, Idaho Code. Emergency orders issued under Section  67-5247, Idaho Code, shall be designated as final orders if the agency will not issue further orders or conduct further proceedings in the matter. (3-31-22)
02.
Content
. Every final order issued by the agency head must contain or be accompanied by a document containing the following paragraphs or substantially similar paragraphs: (3-31-22)
a. This is a final order of the agency. Any party may file a motion 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. (3-31-22)
b. Pursuant to Sections  67-5270  and  67-5272, Idaho Code, any party aggrieved by this final order or orders previously issued in this case may appeal 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: (3-31-22)
i. A hearing was held, (3-31-22)
ii. The final agency action was taken, (3-31-22)
iii. The party seeking review of the order resides, or operates its principal place of business in Idaho, or (3-31-22)
iv. The real property or personal property that was the subject of the agency action is located. (3-31-22)
c. An appeal 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. The filing of an appeal to district court does not itself stay the effectiveness or enforcement of the order under appeal. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Interlocutory, Recommended, Preliminary and Final Orders - Review or Stay of Orders › Section 04.11.01.741 - ORDERS REGARDING COSTS AND/OR FEES

Current through August 31, 2023
01.
Scope of Rule
. This rule provides procedures for considering requests for costs and/or fees (including attorneys' fees) when an agency has authority to award costs and/or fees under other provisions of law. This rule is not a source of authority for awarding costs and/or fees. (3-31-22)
02.
Time for Filing for Costs and/or Fees Awarded in Final Order or Preliminary Order
. Unless otherwise provided by statute or rule of the agency: (3-31-22)
a. Minimum time for filing. When a final order or a preliminary order of the agency awards costs and/ or fees to a party or to the agency itself, the agency must allow no fewer than fourteen (14) days from the service date of the final order or the preliminary order for the party to whom costs and/or fees were awarded or for the agency to file necessary papers (e.g., a memorandum of costs, affidavits, exhibits, etc.) quantifying and otherwise supporting costs or fees, or both, that will be claimed or a motion to extend the time to file for costs and fees. (3-31-22)
b. Longer time allowed. The final order or preliminary order of the agency may extend the time to file papers for costs and/or fees beyond fourteen (14) days after the service date of the final order or preliminary order. (3-31-22)
c. When time not set forth. If statute, rules of the agency, and the final order or preliminary order of the agency are silent on the time for filing for costs and/or fees the deadline for filing for costs and/or fees and/or for moving for an extension of the time to file for costs and fees is fourteen (14) days from the service date of the final order or preliminary order. (3-31-22)
d. Untimely filing. The agency may exercise its discretion to consider and grant an untimely filing for costs and/or fees for good cause shown. (3-31-22)
e. Contents of filing. No particular form for filing for costs and fees is required, but in the absence of a statute or rule providing for standard costs and/or fees the papers supporting a claim for costs and/or fees should ordinarily contain an affidavit or declaration under oath detailing the costs and/or fees claimed. (3-31-22)
f. Supplemental filings. Paragraphs 741.02.a. through 741.02.e. of this rule do not prohibit a party or the agency from supplementing a filing for costs and/or fees. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Interlocutory, Recommended, Preliminary and Final Orders - Review or Stay of Orders › Section 04.11.01.742. - 749 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Interlocutory, Recommended, Preliminary and Final Orders - Review or Stay of Orders › Section 04.11.01.750 - ORDER NOT DESIGNATED

Current through August 31, 2023
If an order is not designated as recommended, preliminary or final at its release, but is designated as recommended, preliminary or final after its release, its effective date for purposes of reconsideration or appeal is the date of the order of designation. If a party believes that an order not designated as a recommended order, preliminary order or final order according to the terms of these rules should be designated as a recommended order, preliminary order or final order, the party may move to designate the order as recommended, preliminary or final, as appropriate. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Interlocutory, Recommended, Preliminary and Final Orders - Review or Stay of Orders › Section 04.11.01.751. - 759 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Interlocutory, Recommended, Preliminary and Final Orders - Review or Stay of Orders › Section 04.11.01.760 - MODIFICATION OF ORDER ON PRESIDING OFFICER'S OWN MOTION

Current through August 31, 2023
A hearing officer issuing a recommended or preliminary order may modify the recommended or preliminary order on the hearing officer's own motion within fourteen (14) days after issuance of the recommended or preliminary order by withdrawing the recommended or preliminary order and issuing a substitute recommended or preliminary order. The agency head may modify or amend a final order of the agency (be it a preliminary order that became final because no party challenged it or a final order issued by the agency head itself) at any time before notice of appeal to District Court has been filed or the expiration of the time for appeal to District Court, whichever is earlier, by withdrawing the earlier final order and substituting a new final order for it. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Interlocutory, Recommended, Preliminary and Final Orders - Review or Stay of Orders › Section 04.11.01.761. - 769 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Interlocutory, Recommended, Preliminary and Final Orders - Review or Stay of Orders › Section 04.11.01.770 - CLARIFICATION OF ORDERS

Current through August 31, 2023
Any party or person affected by an order may petition to clarify any order, whether interlocutory, recommended, preliminary or final. Petitions for clarification from final orders do not suspend or toll the time to petition for reconsideration or appeal the order. A petition for clarification may be combined with a petition for reconsideration or stated in the alternative as a petition for clarification and/or reconsideration. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Interlocutory, Recommended, Preliminary and Final Orders - Review or Stay of Orders › Section 04.11.01.771. - 779 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Interlocutory, Recommended, Preliminary and Final Orders - Review or Stay of Orders › Section 04.11.01.780 - STAY OF ORDERS

Current through August 31, 2023
Any party or person affected by an order may petition the agency to stay any order, whether interlocutory or final. Interlocutory or final orders may be stayed by the judiciary according to statute. The agency may stay any interlocutory or final order on its own motion. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Interlocutory, Recommended, Preliminary and Final Orders - Review or Stay of Orders › Section 04.11.01.781. - 789 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Appeal to District Court › Section 04.11.01.790 - PERSONS WHO MAY APPEAL

Current through August 31, 2023
Pursuant to Section  67-5270, Idaho Code, any party aggrieved by a final order of an agency in a contested case may appeal to district court. Pursuant to Section  67-5271, Idaho Code, a person is not entitled to judicial review of an agency action in district court until that person has exhausted all administrative remedies available with the agency, but a preliminary, procedural, or intermediate agency action or ruling is immediately reviewable in district court if review of the final agency action would not provide an adequate remedy. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.11.01 - IDAHO RULES OF ADMINISTRATIVE PROCEDURE OF THE ATTORNEY GENERAL › Subchapter B - CONTESTED CASES › Appeal to District Court › Section 04.11.01.791 - NOTICE OF APPEAL

Current through August 31, 2023
The notice of appeal must be filed with the agency and with the district court and served on all parties. (3-31-22)
01.
Filing
. Pursuant to Section  67-5272, Idaho Code, appeals may be filed in the District Court of the county in which: (3-31-22)
a. The hearing was held, (3-31-22)
b. The final agency action was taken, (3-31-22)
c. The party seeking review of the agency action resides, or operates its principal place of business in Idaho, or (3-31-22)
d. The real property or personal property that was the subject of the agency is located. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter A - GENERAL PROVISIONS › Section 04.12.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
This chapter is adopted under the legal authority of Chapter 49, Title 39, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter A - GENERAL PROVISIONS › Section 04.12.01.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. This chapter is titled "Rules of Administrative Procedure for Consideration of Cooperative Agreements Filed by Health Care Providers." (3-31-22)
02.
Scope
. Every application for a certificate of public advantage for a cooperative agreement by or among health care providers and any petition for review of or complaint for revocation of an existing certificate of public advantage must follow the procedures in these rules. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter A - GENERAL PROVISIONS › Section 04.12.01.002 - WRITTEN INTERPRETATIONS - ATTORNEY GENERAL GUIDELINES

Current through August 31, 2023
Written interpretations to these rules in the form of explanatory comments accompanying the notice of proposed rulemaking that originally proposed the rules and review of comments submitted in the rule-making in the adoption of these rules are published in the Idaho Administrative Bulletin. Any memorandum of understanding or letters explaining the Attorney Generals policies concerning administration of certificates of public advantage for the approval of cooperative agreements of health care providers will be maintained for public inspection. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter A - GENERAL PROVISIONS › Section 04.12.01.003 - ADMINISTRATIVE REVIEW

Current through August 31, 2023
Petitions for the Attorney General's discretionary administrative review of hearing officer's preliminary orders under this chapter may be taken as set forth in rule  730. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter A - GENERAL PROVISIONS › Section 04.12.01.004 - PUBLIC RECORDS ACT COMPLIANCE

Current through August 31, 2023
All filings submitted according to the procedures of this chapter are public records. Any memorandum of understanding or letter explaining the Attorney General's policies concerning administration of certificates of public advantage for the approval of cooperative agreements of health care providers are public records be available for inspection. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter A - GENERAL PROVISIONS › Section 04.12.01.005 - DEFINITIONS

Current through August 31, 2023
As used in this chapter: (3-31-22)
01.
Cooperative Agreement
. Cooperative agreement means a written agreement between two (2) or more health care providers for the sharing, allocation or referral of patients, or the sharing or allocation of personnel, instructional programs, support services and facilities, medical, diagnostic, therapeutic or procedures or other services customarily offered by health care providers. (3-31-22)
02.
Certificate of Public Advantage
. Certificate of public advantage means a document issued by the Attorney General to parties to a cooperative agreement, verifying that the Attorney General declares that the purposes and objectives of the cooperative agreement meet the standards for such agreements set forth by statute. (3-31-22)
03.
Health Care Provider
. Health care provider means any person or health care facility licensed, registered, certified, permitted or otherwise officially recognized by the state to provide health care services in Idaho; or in the case of a freestanding outpatient facility, one for which a facility fee is charged for health care services performed within. (3-31-22)
04.
Health Care Services
. Health care services include, but are not limited to, services provided by: (3-31-22)
a. Acute, subacute and intermediate care facilities; (3-31-22)
b. Dentists, denturists, orthodontists and their assistants; (3-31-22)
c. Doctors, physicians, surgeons and their assistants; (3-31-22)
d. Hospitals and medical centers; (3-31-22)
e. Home health services and outpatient clinics; (3-31-22)
f. Laboratories and laboratory technicians; (3-31-22)
g. Nurses; (3-31-22)
h. Nursing homes; (3-31-22)
i. Oculists, opticians, optometrists, ophthalmologists and their assistants; (3-31-22)
j. Podiatrists and their assistants; (3-31-22)
k. Psychiatrists, psychologists, and psychotherapists and their assistants; (3-31-22)
l. Pharmacies and pharmacists; and (3-31-22)
m. Rehabilitation services (including chiropractic, physical and occupational therapies). (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter A - GENERAL PROVISIONS › Section 04.12.01.006 - FILING OF DOCUMENTS - NUMBER OF COPIES

Current through August 31, 2023
Except as otherwise provided by this rule, notification of intent to file an initial application under this chapter or initial applications themselves must be filed with the receptionist in the Attorney General's office in Room 210 of the Statehouse. However, once a hearing officer has been appointed by the Attorney General to hear a contested case proceeding in an application under this chapter, the hearing officer may provide by notice or order for filings to made at a different address. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter A - GENERAL PROVISIONS › Section 04.12.01.007 - ATTORNEY GENERAL'S RULES OF ADMINISTRATIVE PROCEDURE SUPERSEDED FOR CONTESTED CASES

Current through August 31, 2023
Except as otherwise provided, these rules supersede the Attorney General's Rules of Administrative Procedure for contested cases, IDAPA 04.11.01.100 through 04.11.01.799, for the administration of Chapter 49, Title 39, Idaho Code, because the Attorney General finds that consideration of cooperative agreements of health care providers under Chapter 49, Title 39, Idaho Code, requires specialized rules of procedure with requirements in addition to those found in the Attorney General Rules of Administrative Procedure. These rules adopt the Attorney Generals Rules of Administrative Procedure IDAPA 04.11.01.800 through 04.11.01.860 for rulemaking under Chapter 49, Title 39, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter A - GENERAL PROVISIONS › Section 04.12.01.050 - PROCEEDINGS GOVERNED

Current through August 31, 2023
Rules  100  through  799  govern procedure before the Attorney General in contested cases on applications for the issuance of a certificate of public advantage for a cooperative agreement among or between health care providers and on petitions for review of or for complaints in revocation of an existing certificate of public advantage. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter A - GENERAL PROVISIONS › Section 04.12.01.052 - ADOPTION BY REFERENCE OF RULES ADDRESSING CONSTRUCTION OF THESE RULES, COMMUNICATIONS TO THE OFFICE, SERVICE BY THE OFFICE AND COMPUTATION OF TIME

Current through August 31, 2023
Rules  552  through  566  of the Attorney General's Rules of Administrative Procedure, IDAPA 04.11.01.552 through 04.11.01.556, addressing construction of these rules, communications to the office, service by the office, and computation of time, are hereby adopted by reference. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 1 - Definitions and General Provisions › a - Informal and Formal Proceedings › Section 04.12.01.100 - ADOPTION BY REFERENCE OF RULES ADDRESSING INFORMAL PROCEEDINGS

Current through August 31, 2023
Rules  100  and  102  through  104  of the Attorney General's Rules of Administrative Procedure, IDAPA 04.11.01.100 and 04.11.01.102 through 04.11.01.104, addressing informal proceedings, are hereby adopted by reference. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 1 - Definitions and General Provisions › a - Informal and Formal Proceedings › Section 04.12.01.101 - INFORMAL PROCEDURE

Current through August 31, 2023
Statute authorizes and these rules encourage the use informal proceedings to expedite or simplify formal contested cases. Informal procedure may include individual contacts by or with the Attorney General's investigative/ prosecutorial staff asking for information, advice or assistance from the investigative/prosecutorial staff, or proposing a resolution of the application to the investigative/prosecutorial staff. Informal procedures may be conducted in writing, by telephone or television, or in person. All informal proceedings involving the Attorney General's investigative/prosecutorial staff shall be open to the public. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 1 - Definitions and General Provisions › a - Informal and Formal Proceedings › Section 04.12.01.102. - 109 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 1 - Definitions and General Provisions › a - Informal and Formal Proceedings › Section 04.12.01.110 - NOTICE OF INTENT TO FILE APPLICATION

Current through August 31, 2023
The Attorney General encourages all applicants for a certificate of public advantage to initiate an informal proceeding before the beginning of a formal proceeding by filing a notice of intent to file application four (4) to eight (8) weeks before the formal filing of an application for a certificate of public advantage. The notice of the intent to file application is a public document that will be the subject of press releases or other attempts to inform the public of the proposed application. The notice of intent must list the parties that will file an application for a certificate of public advantage and generally describe the nature of the cooperative agreement that will be the subject of the application to follow. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 1 - Definitions and General Provisions › a - Informal and Formal Proceedings › Section 04.12.01.111 - PROCEDURE UPON RECEIPT OF NOTICE OF INTENT TO FILE APPLICATION

Current through August 31, 2023
Within one (1) week of the receipt of a notice of intent to file application, the Office of the Attorney General will appoint a hearing officer for the formal proceeding to follow and will assign staff to an investigative role for informal discussion with the prospective applicants concerning the application and the investigative/prosecutorial staff's position on the application. The purposes of these discussions between investigative/prosecutorial staff and the potential applicant, which will be open to interested members of the public, will be to gain understanding of the application to follow, to simplify or clarify issues that will be the subject of the application to follow, and to generally improve the presentations of all parties in the contested case hearing that will follow. Neither the prosecutorial investigative staff nor the applicant shall have any ex parte conduct with the hearing officer on any matter of substance concerning the pending application. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 1 - Definitions and General Provisions › a - Informal and Formal Proceedings › Section 04.12.01.112. - 149 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 1 - Definitions and General Provisions › b - Parties - Other Persons › Section 04.12.01.150 - PARTIES TO CONTESTED CASES LISTED

Current through August 31, 2023
Parties to contested cases under Title 39, Chapter 49, are called applicants, petitioners, complainants, respondents, or intervenors. On reconsideration or discretionary review by the Attorney General parties are called by their original titles listed in the previous sentence. (3-31-22)