Title 67 — STATE GOVERNMENT AND STATE AFFAIRS

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 adop…

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. Procedure at hearing. (1) In a contested case other than an emergency proceeding held pursuant to section 62-5247, Idaho Code, all parties shall receive notice that shall include: (a) A statement of the time, place, and nature of the hearing; (b) A statement of the legal…

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 rec…

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 rel…

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 s…

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 to…

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 taken…

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 it…

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, cond…

67-5281. CHIEF ADMINISTRATIVE law judge — APPOINTMENT — QUALIFICATIONS — REMOVAL — salary. (1) A chief administrative law judge shall be appointed by the governor and confirmed by the senate to serve a four (4) year term. A person may be reappointed to serve additional terms. Pro…

67-5282. DUTIES AND PROHIBITED CONDUCT OF THE CHIEF administrative law judge. (1) The chief administrative law judge shall: (a) Serve as the administrator of the office of administrative hearings; (b) Conduct such contested case proceedings and such other proceedings as are condu…

67-5283. hearing officer qualifications — powers — duties. (1) The chief administrative law judge and hearing officers appointed by the chief administrative law judge shall: (a) On the effective date of their appointments and throughout their tenure, meet and retain all of the qu…

67-5284. COOPERATION OF AGENCIES. No agency or state officer, other than the chief administrative law judge, shall attempt to influence the selection of a hearing officer for a contested case proceeding or any other matter, except mediations, and the chief administrative law judg…

67-5285. office of administrative hearings — Fees assessed for services. In conjunction with the office of administrative hearings, the division of financial management shall, on or before November 1 of each year, determine an amount to be billed to state agencies for the purpose…

67-5286. conduct of department of health and welfare contested case proceedings. The department of health and welfare shall expeditiously submit to the centers for medicare and medicaid services (CMS) all that may be required for CMS to approve the conduct of department of health…

67-5291. LEGISLATIVE REVIEW OF RULES. (1) A standing committee of the legislature shall review any temporary, pending, or final rule that is germane to its committee and has been published in the bulletin or in the administrative code to determine if the rule is consistent with t…

67-5292. PERIODIC REVIEW of administrative rules. (1) Each rule chapter that is in effect on July 1, 2026, shall be reviewed by the legislature on a staggered, periodic schedule between July 1, 2026, and June 30, 2034, and on a similar schedule each eight (8) years thereafter. Th…

67-5301. Establishment of division of human resources and declaration of policy. There is hereby established the division of human resources in the office of the governor, which is authorized and directed to administer a personnel system, including the provision of personal and p…

67-5302. Definitions. As used in this chapter and other applicable sections of the Idaho Code, each of the terms defined in this section shall have the meaning given in this section unless a different meaning is clearly required by the context. Such terms and their definitions ar…

67-5303. Application to state employees. All departments of the state of Idaho and all employees in such departments, except those employees specifically defined as nonclassified, shall be classified employees who are subject to this chapter and to the system of personnel adminis…

67-5304. Existing merit systems and personnel systems. The personnel system administered by the division of human resources created by this act is hereby designated as the "merit system," "civil service system" or "personnel system" as may be required by any other section of the …

67-5306. Applicability of federal merit system standards. Notwithstanding any other provision, wherever federal merit system standards are applicable to any department covered by this act, financed in whole or in part by federal funds, rules shall be established or modified by th…

67-5307. Organization of commission. (1) The Idaho personnel commission is hereby created in the office of the governor and shall consist of five (5) members, not more than three (3) of which at any time may belong to the same political party. The members of the commission shall …

67-5308. Authority and duties of the division of human resources — Selection of administrator. (1) It shall be the duty of the division of human resources to administer this chapter. The administrator of the division of human resources shall have the duty, power and authority to …

67-5309. Rules of the division of human resources and the personnel commission. The administrator of the division of human resources shall have the power and authority to adopt, amend, or rescind such rules as may be necessary for proper administration of this chapter. Such rules…

67-5309A. State employee compensation philosophy. (1) It is hereby declared to be the intent of the legislature of the state of Idaho that the goal of a total compensation system for state employees shall be to fund a competitive employee compensation and benefit package that wil…

67-5309B. Idaho compensation plan. (1) The administrator of the division of human resources shall establish benchmark job classifications and shall assign all classifications to a pay grade utilizing the Hay profile method in combination with market data. Pay grades established o…