View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0057...........................................................by MR. SPEAKER
Requested by: Department of Water Resources
WATER RESOURCES DEPARTMENT - HEARINGS - Amends existing law relating to
hearings before the Department of Water Resources to provide for recommended
or preliminary orders by hearing officers; to provide that certain persons
shall be entitled to a hearing before the director of the Department of Water
Resources; to provide for petitions to initiate hearings; to provide judicial
review; and to require exhaustion of administrative remedies prior to judicial
review.
01/06 House intro - 1st rdg - to printing
Rpt prt - to Res/Con
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 57 BY MR. SPEAKER Requested by: Department of Water Resources 1 AN ACT 2 RELATING TO HEARINGS BEFORE THE DEPARTMENT OF WATER RESOURCES; AMENDING SEC- 3 TION 42-1701A, IDAHO CODE, TO CLARIFY A TERM, TO PROVIDE FOR RECOMMENDED 4 OR PRELIMINARY ORDERS BY HEARING OFFICERS, TO PROVIDE THAT CERTAIN PERSONS 5 SHALL BE ENTITLED TO A HEARING BEFORE THE DIRECTOR, TO PROVIDE FOR PETI- 6 TIONS TO INITIATE HEARINGS, TO PROVIDE A MANDATORY PROCEDURE FOR JUDICIAL 7 REVIEW OF ANY FINAL ORDER OF THE DIRECTOR, TO REQUIRE EXHAUSTION OF ADMIN- 8 ISTRATIVE REMEDIES PRIOR TO JUDICIAL REVIEW, AND TO PROVIDE THAT EXHAUS- 9 TION OF ADMINISTRATIVE REMEDIES DOES NOT REQUIRE CERTAIN SPECIFIED ACTION. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 42-1701A, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 42-1701A. HEARINGS BEFORE DIRECTOR -- APPEALS. (1) All hearings required 14 by law to be held before the director of the department of water resources 15 shall be conducted in accordance with the provisions of chapter 52, title 67, 16 Idaho Code, and rules of procedure promulgated by the director. 17 (2) The director, in his discretion, may direct that a hearing be con- 18 ducted by a hearing officer appointed by the director. In such event, the 19 hearing officer shall have the duty to make a complete record of the evidence 20 presented and duly received at the hearing and to prepare aproposal for deci-21sionrecommended or preliminary order in accordance with chapter 52, title 67, 22 Idaho Code, and rules of procedure promulgated by the director. 23 (3) (a) Unless the right to a hearing before the director or the water 24 resource board is otherwise provided by statute, the following persons 25 shall be entitled to a hearing before the director in the event they have 26 not previously been afforded an opportunity for a hearing on the matter: 27 (i) Aany person aggrieved byanya decision, determination, order 28 or action of the director;of the department of water resourcesor 29 (ii) Aany applicant foranya permit, license, certificate, 30 approval, registration, or similar form of permission required by law 31 to be issued by the director, who is aggrieved by a denial or condi- 32 tional approval ordered by the director, and who has not previously33been afforded an opportunity for a hearing on the matter shall be34entitled to a hearing before the director to contest the denial or35conditional approval upon filing with the director,. 36 (b) In order to initiate a hearing, a person shall file a written peti- 37 tion with the director. The written petition shall contain a request for a 38 hearing and shall set forth the grounds upon which a decision, determina- 39 tion, order, action, denial or conditional approval is being contested. 40 Any written petition pursuant to this subsection shall be filed with the 41 director within fifteen (15) days afterreceipt of the denial or condi-42tional approval, a written petition stating the grounds for contesting the43action by the director and requesting a hearingthe service date of an 2 1 order, or in the event an order was not issued, the date the agency gives 2 individual or public notice of the action. 3 (c) The hearing shall be held and conducted in accordance with the provi- 4 sions of subsections (1) and (2) of this section. Judicial review of any 5 final order of the director issued following the hearingmayshall be had 6 pursuant to subsection (4) of this section. 7 (4) Any person who has exhausted available administrative remedies and is 8 aggrieved by a final decision or order of the director is entitled to judicial 9 review. Exhaustion of administrative remedies does not require an aggrieved 10 person to petition for reconsideration or file exceptions prior to seeking 11 judicial review of a final order. The judicial review shall be had in accor- 12 dance with the provisions and standards set forth in chapter 52, title 67, 13 Idaho Code.
STATEMENT OF PURPOSE
RS 12377
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. In addition, the amendment clarifies that a person must
first exhaust available administrative remedies before seeking
judicial review of a final decision of the director.
FISCAL IMPACT
Enactment of this legislation will not affect the state's General
Fund.
CONTACT
Name: Karl Dreher
Agency: Water Resources, Dept. of
Phone: (208) 327-7910
Statement of Purpose/Fiscal Impact H 5