Title 67, STATE GOVERNMENT AND STATE AFFAIRS

67-5205. FORMAT -- COSTS -- DISTRIBUTION -- FUNDS. (1) The administrative code and the permanent supplements thereto shall be published in such a manner that every agency has an opportunity to procure, at reasonable cost from the coordinator, individual electronic copies of the r…

67-5206. PROMULGATION OF RULES IMPLEMENTING ADMINISTRATIVE PROCEDURE ACT. (1) In accordance with the rulemaking requirements of this chapter, the office of administrative hearings shall, subject to legislative approval, promulgate and maintain rules implementing the provisions of…

67-5207. SHORT TITLE. This chapter may be cited as the "Idaho Administrative Procedure Act."

67-5207A. POLICY STATEMENTS -- GUIDANCE DOCUMENTS. Agency policy statements and guidance documents shall not have the force and effect of law.

67-5220. NOTICE OF INTENT TO PROMULGATE RULES -- NEGOTIATED RULEMAKING. (1) Prior to the adoption, amendment or repeal of a rule, an agency shall determine whether negotiated rulemaking is feasible. The agency's determination of whether negotiated rulemaking is feasible is not su…

67-5221. PUBLIC NOTICE OF PROPOSED RULEMAKING. (1) Prior to the adoption, amendment, or repeal of a rule, the agency shall publish notice of proposed rulemaking in the bulletin. The notice of proposed rulemaking shall include: (a) The specific statutory authority for the rulemaki…

67-5222. PUBLIC PARTICIPATION. (1) Prior to the adoption of a rule, the agency shall afford all interested persons reasonable opportunity to submit data, views and arguments, orally or in writing. The agency shall receive comments for not less than twenty-one (21) days after the …

67-5223. INTERIM LEGISLATIVE REVIEW -- STATEMENT OF ECONOMIC IMPACT. (1) After notice of proposed rulemaking is filed with the coordinator, the coordinator, after making technical corrections as authorized in section 67-5202, Idaho Code, shall provide the notice, accompanied by t…

67-5224. PENDING RULE. (1) Prior to the adoption of a rule, the agency shall consider fully all written and oral submissions respecting the proposed rule. (2) Subject to the provisions of subsection (3) of this section, the agency shall publish the text of a pending rule and a no…

67-5225. RULEMAKING RECORD. (1) Prior to the adoption, amendment, or repeal of a rule, the agency shall prepare a rulemaking record. The record shall be maintained in the main offices of the agency. (2) The rulemaking record shall be available for public inspection and copying. T…

67-5226. TEMPORARY RULES. (1) The legislature finds that temporary rules do not always follow the negotiated rulemaking process. Therefore, to ensure accountability of agency rules to the legislature and to Idaho citizens, temporary rules shall be used only in emergency or other …

67-5227. VARIANCE BETWEEN PENDING RULE AND PROPOSED RULE. An agency may adopt a pending rule that varies in content from that which was originally proposed if the subject matter of the rule remains the same, the pending rule is a logical outgrowth of the proposed rule, and the or…

67-5228. EXEMPTION FROM REGULAR RULEMAKING PROCEDURES. An agency may amend a pending rule to correct typographical errors, transcription errors, or clerical errors without compliance with regular rulemaking procedures when the amendments are approved by the coordinator. Such amen…

67-5229. INCORPORATION BY REFERENCE. (1) If the incorporation of its text in the agency rules would be unduly cumbersome, expensive, or otherwise inexpedient, an agency may incorporate by reference in its rules and without republication of the incorporated material in full, all o…

67-5230. PETITION FOR ADOPTION, AMENDMENT, REPEAL, OR WAIVER OF RULES. (1) Any person may petition an agency requesting the adoption, amendment, or repeal of a rule. The agency shall: (a) Deny the petition in writing, stating its reasons for the denial; or (b) Initiate rulemaking…

67-5231. INVALIDITY OF RULES NOT ADOPTED IN COMPLIANCE WITH THIS CHAPTER -- TIME LIMITATION. (1) Rules may be promulgated by an agency only when specifically authorized by statute. A temporary or final rule adopted and becoming effective after July 1, 1993, is voidable unless ado…

67-5232. DECLARATORY RULINGS BY AGENCIES. (1) Any person may petition an agency for a declaratory ruling that interprets or applies a statute or rule administered by the agency or states whether or in what manner an order issued by the agency applies to the petitioner. (2) A peti…

67-5240. CONTESTED CASES. A proceeding by an agency other than the public utilities commission or the industrial commission that may result in the issuance of an order is a contested case and is governed by the provisions of this chapter, except as provided by other provisions of…

67-5241. INFORMAL DISPOSITION. (1) Unless prohibited by other provisions of law, an agency may: (a) Decline to initiate a contested case; (b) Request such additional information as required to decide whether to initiate a contested case; (c) Seek informal disposition of a matter;…

67-5242. HEARING NOTICES AND PROCEDURE AT HEARING. (1) When an agency gives a person notice of an opportunity for a contested case hearing for which the person is entitled to notice by law, the notice shall: (a) Be in writing; (b) Set forth the agency action being taken; (c) Iden…

67-5242A. DEFAULT. (1) Unless otherwise provided by statute or rule, if a party fails to attend or participate in a prehearing conference or hearing in a contested case, the presiding officer may serve upon all parties notice of a proposed default order. The notice shall include …

67-5243. ORDERS NOT ISSUED BY AGENCY HEAD. (1) If the presiding officer is not the agency head, the presiding officer shall issue either: (a) A recommended order, which becomes a final order only after review by the agency head in accordance with section 67-5244, Idaho Code; or (…

67-5244. REVIEW OF RECOMMENDED ORDERS. (1) A recommended order shall include a statement of the schedule for consideration of that order by the agency head or his designee. The agency head shall allow all parties to request review of the recommended order, to present briefs on th…

67-5245. REVIEW OF PRELIMINARY ORDERS. (1) A preliminary order shall include: (a) A statement that the order will become a final order without further notice; and (b) The actions necessary to obtain administrative review of the preliminary order. (2) The agency head, upon his own…

67-5246. FINAL ORDERS -- EFFECTIVENESS OF FINAL ORDERS. (1) If the presiding officer is the agency head, the presiding officer shall issue a final order. (2) If the presiding officer issued a recommended order, the agency head shall issue a final order following review of that re…

67-5247. EMERGENCY PROCEEDINGS. (1) An agency may act through an emergency proceeding in a situation involving an immediate danger to the public health, safety, or welfare requiring immediate agency action. The agency shall take only such actions as are necessary to prevent or av…

67-5248. CONTENTS OF ORDERS. (1) An order must be in writing and shall include: (a) A reasoned statement in support of the decision. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts of record su…

67-5249. AGENCY RECORD. (1) A presiding officer shall ensure that a hearing record is created that complies with the provisions of this section. (2) An agency shall maintain an official record of each contested case under this chapter for a period of not less than six (6) months …

67-5250. INDEXING OF PRECEDENTIAL AGENCY ORDERS -- INDEXING OF AGENCY GUIDANCE DOCUMENTS. (1) Unless otherwise prohibited by any provision of law, each agency shall index all written final orders, including all currently effective declaratory orders, that the agency intends to re…

67-5251. EVIDENCE -- OFFICIAL NOTICE. (1) The presiding officer may exclude evidence that is irrelevant, unduly repetitious, or excludable on constitutional or statutory grounds, or on the basis of any evidentiary privilege provided by statute or recognized in the courts of this …

67-5251A. SUBPOENAS. (1) Upon request by a party in a contested case or on a presiding officer's own initiative, the presiding officer, on a showing of general relevance and reasonable scope of the evidence sought for use at the hearing, may issue a subpoena for the attendance of…

67-5252. PRESIDING OFFICER -- DISQUALIFICATION. (1) Except as provided in subsection (4) of this section, any party shall have the right to one (1) disqualification without cause of any person serving or designated to serve as presiding officer, and any party shall have a right t…

67-5253. EX PARTE COMMUNICATIONS. Unless required for the disposition of ex parte matters specifically authorized by statute, a presiding officer serving in a contested case shall not communicate, directly or indirectly, regarding any substantive issue in the proceeding, with any…

67-5254. AGENCY ACTION AGAINST LICENSEES. (1) An agency shall not revoke, suspend, modify, annul, withdraw or amend a license, or refuse to renew a license of a continuing nature when the licensee has made timely and sufficient application for renewal, unless the agency first giv…

67-5255. DECLARATORY RULINGS BY AGENCIES. (1) Any person may petition an agency for a declaratory ruling as to the applicability of any order issued by the agency. (2) A petition for a declaratory ruling does not preclude an agency from initiating a contested case in the matter. …

67-5270. RIGHT OF REVIEW. (1) Judicial review of agency action shall be governed by the provisions of this chapter unless other provision of law is applicable to the particular matter. (2) A person aggrieved by final agency action other than an order in a contested case is entitl…

67-5271. EXHAUSTION OF ADMINISTRATIVE REMEDIES. (1) A person is not entitled to judicial review of an agency action until that person has exhausted all administrative remedies required in this chapter. (2) A preliminary, procedural, or intermediate agency action or ruling is imme…

67-5272. VENUE -- FORM OF ACTION. (1) Except when required by other provision of law, proceedings for review or declaratory judgment are instituted by filing a petition in the district court of the county in which: (a) the hearing was held; or (b) the final agency action was take…

67-5273. TIME FOR FILING PETITION FOR REVIEW. (1) A petition for judicial review of a temporary or final rule may be filed at any time, except as limited by section 67-5231, Idaho Code. (2) A petition for judicial review of a final order or a preliminary order that has become fin…

67-5274. STAY. The filing of the petition for review does not itself stay the effectiveness or enforcement of the agency action. The agency may grant, or the reviewing court may order, a stay upon appropriate terms.

67-5275. AGENCY RECORD FOR JUDICIAL REVIEW. (1) Within forty-two (42) days after the service of the petition, or within further time allowed by the court, the agency shall transmit to the reviewing court the original or a certified copy of the agency record. The agency record sha…

67-5276. ADDITIONAL EVIDENCE. (1) If, before the date set for hearing, application is made to the court for leave to present additional evidence and it is shown to the satisfaction of the court that the additional evidence is material, relates to the validity of the agency action…

67-5277. JUDICIAL REVIEW OF ISSUES OF FACT. Judicial review shall be conducted by the court without a jury. Unless otherwise provided by statute, judicial review of disputed issues of fact must be confined to the agency record for judicial review as defined in this chapter, suppl…

67-5278. DECLARATORY JUDGMENT ON VALIDITY OR APPLICABILITY OF RULES. (1) The validity or applicability of a rule may be determined in an action for declaratory judgment in the district court, if it is alleged that the rule, or its threatened application interferes with or impairs…

67-5279. SCOPE OF REVIEW -- TYPE OF RELIEF. (1) The court shall not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact. (2) When the agency was not required by the provisions of this chapter or by other provisions of law to base i…

67-5280. CREATION OF OFFICE OF ADMINISTRATIVE HEARINGS -- POWERS AND DUTIES. (1) There is hereby created in the department of self-governing agencies the office of administrative hearings. (2) The office of administrative hearings shall: (a) Unless otherwise specified by law, con…