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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 - 2003IN 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 aproposal for deci-17sionrecommended 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 orincluding 23 action upon anyapplicantapplication foranya permit, license, certificate, 24 approval, registration, or similar form of permission required by law to be 25 issued by the director, who is aggrieved bya denial or conditional approval26ordered bythe 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 thedenial or conditional approval upon29filingaction. The person shall file with the director, within fifteen (15) 30 days after receipt of written notice of thedenial or conditional approval31 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 hearingmayshall 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 - 2003Moved 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 - 2003IN 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 aproposal for deci-17sionrecommended 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 orincluding 23 action upon anyapplicantapplication foranya permit, license, certificate, 24 approval, registration, or similar form of permission required by law to be 25 issued by the director, who is aggrieved bya denial or conditional approval26ordered bythe 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 thedenial or conditional approval upon29filingaction. The person shall file with the director, within fifteen (15) 30 days after receipt of written notice of thedenial or conditional approval31 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 hearingmayshall 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