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H0211aa.......................................by RESOURCES AND CONSERVATION
WATER RESOURCES DEPARTMENT - Amends existing law to revise the procedures
for hearings required by law to be held before the director of the
Department of Water Resources.
02/10 House intro - 1st rdg - to printing
02/11 Rpt prt - to Res/Con
02/20 Rpt out - to Gen Ord
02/26 Rpt out amen - to engros
02/27 Rpt engros - 1st rdg - to 2nd rdg as amen
02/28 2nd rdg - to 3rd rdg as amen
03/03 3rd rdg as amen - PASSED - 64-0-6
AYES -- Andersen, Barraclough, Barrett, Bauer, Bell, Black, Block,
Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy,
Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Garrett, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,
Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo,
Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman,
Trail, Wills, Wood
NAYS -- None
Absent and excused -- Bedke, Bieter, Deal, Gagner, Harwood, Mr.
Speaker
Floor Sponsor - Raybould
Title apvd - to Senate
03/04 Senate intro - 1st rdg - to Res/Env
03/17 Rpt out - rec d/p - to 2nd rdg
03/19 2nd rdg - to 3rd rdg
03/20 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bailey, Bunderson, Burkett, Burtenshaw,
Calabretta(Wilson), Cameron, Compton, Darrington, Davis, Gannon,
Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge,
Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce,
Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk,
Williams
NAYS -- None
Absent and excused --Brandt
Floor Sponsor - Kennedy
Title apvd - to House
03/21 To enrol
03/24 Rpt enrol - Sp signed
03/25 Pres signed
03/26 To Governor
03/27 Governor signed
Session Law Chapter 138
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 211
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO HEARINGS BEFORE THE DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES;
3 AMENDING SECTION 42-1701A, IDAHO CODE, TO REVISE THE PROCEDURES FOR HEAR-
4 INGS REQUIRED BY LAW TO BE HELD BEFORE THE DIRECTOR OF THE DEPARTMENT OF
5 WATER RESOURCES.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 42-1701A, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 42-1701A. HEARINGS BEFORE DIRECTOR -- APPEALS. (1) All hearings required
10 by law to be held before the director of the department of water resources
11 shall be conducted in accordance with the provisions of chapter 52, title 67,
12 Idaho Code, and rules of procedure promulgated by the director.
13 (2) The director, in his discretion, may direct that a hearing be con-
14 ducted by a hearing officer appointed by the director. In such event, the
15 hearing officer shall have the duty to make a complete record of the evidence
16 presented and duly received at the hearing and to prepare a proposal for deci-
17 sion recommended or preliminary order in accordance with chapter 52, title 67,
18 Idaho Code, and rules of procedure promulgated by the director.
19 (3) Unless the right to a hearing before the director or the water
20 resource board is otherwise provided by statute, any person aggrieved by any
21 action of the director, including any decision, determination, order or other
22 action, of the director of the department of water resources or including
23 action upon any applicant application for any a permit, license, certificate,
24 approval, registration, or similar form of permission required by law to be
25 issued by the director, who is aggrieved by a denial or conditional approval
26 ordered by the action of the director, and who has not previously been
27 afforded an opportunity for a hearing on the matter shall be entitled to a
28 hearing before the director to contest the denial or conditional approval upon
29 filing action. The person shall file with the director, within fifteen (15)
30 days after receipt of written notice of the denial or conditional approval
31 action issued by the director, or receipt of actual notice, a written petition
32 stating the grounds for contesting the action by the director and requesting a
33 hearing. The director shall give such notice of the petition to other affected
34 persons as the director deems appropriate. The hearing shall be held and con-
35 ducted in accordance with the provisions of subsections (1) and (2) of this
36 section. Judicial review of any final order of the director issued following
37 the hearing may shall be had pursuant to subsection (4) of this section.
38 (4) Any person who is aggrieved by a final decision or order of the
39 director is entitled to judicial review. The judicial review shall be had in
40 accordance with the provisions and standards set forth in chapter 52, title
41 67, Idaho Code.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
Moved by Wood
Seconded by Field (23)
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 211
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, delete lines 33 and 34, and insert:
3 "hearing. The director shall give such notice of the petition as is necessary
4 to provide other affected persons an opportunity to participate in the pro-
5 ceeding. The hearing shall be held and con-".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 211, As Amended
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO HEARINGS BEFORE THE DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES;
3 AMENDING SECTION 42-1701A, IDAHO CODE, TO REVISE THE PROCEDURES FOR HEAR-
4 INGS REQUIRED BY LAW TO BE HELD BEFORE THE DIRECTOR OF THE DEPARTMENT OF
5 WATER RESOURCES.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 42-1701A, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 42-1701A. HEARINGS BEFORE DIRECTOR -- APPEALS. (1) All hearings required
10 by law to be held before the director of the department of water resources
11 shall be conducted in accordance with the provisions of chapter 52, title 67,
12 Idaho Code, and rules of procedure promulgated by the director.
13 (2) The director, in his discretion, may direct that a hearing be con-
14 ducted by a hearing officer appointed by the director. In such event, the
15 hearing officer shall have the duty to make a complete record of the evidence
16 presented and duly received at the hearing and to prepare a proposal for deci-
17 sion recommended or preliminary order in accordance with chapter 52, title 67,
18 Idaho Code, and rules of procedure promulgated by the director.
19 (3) Unless the right to a hearing before the director or the water
20 resource board is otherwise provided by statute, any person aggrieved by any
21 action of the director, including any decision, determination, order or other
22 action, of the director of the department of water resources or including
23 action upon any applicant application for any a permit, license, certificate,
24 approval, registration, or similar form of permission required by law to be
25 issued by the director, who is aggrieved by a denial or conditional approval
26 ordered by the action of the director, and who has not previously been
27 afforded an opportunity for a hearing on the matter shall be entitled to a
28 hearing before the director to contest the denial or conditional approval upon
29 filing action. The person shall file with the director, within fifteen (15)
30 days after receipt of written notice of the denial or conditional approval
31 action issued by the director, or receipt of actual notice, a written petition
32 stating the grounds for contesting the action by the director and requesting a
33 hearing. The director shall give such notice of the petition as is necessary
34 to provide other affected persons an opportunity to participate in the pro-
35 ceeding. The hearing shall be held and conducted in accordance with the provi-
36 sions of subsections (1) and (2) of this section. Judicial review of any final
37 order of the director issued following the hearing may shall be had pursuant
38 to subsection (4) of this section.
39 (4) Any person who is aggrieved by a final decision or order of the
40 director is entitled to judicial review. The judicial review shall be had in
41 accordance with the provisions and standards set forth in chapter 52, title
42 67, Idaho Code.
STATEMENT OF PURPOSE
RS 12871
This proposed amendment would correct an ambiguity in the present
wording of Section 42-1701A(3), Idaho Code, which could be read to
limit the opportunity to request a hearing before the director of
the Department of Water Resources to persons aggrieved by action
upon an application for permit, license, certificate or other
similar form of permission. The proposed amendment to the statute
would clarify that any person aggrieved by an action of the
director shall be entitled to request a hearing to contest the
action, if the right to a hearing is not otherwise provided by
statute.
FISCAL IMPACT
Enactment of this legislation will not affect the state's General
Fund.
CONTACT
Name: Karl Dreher
Agency: Water Resources, Dept. of
Phone: 327-7910
Statement of Purpose/Fiscal Impact H 21