2005 Legislation
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SENATE BILL NO. 1042 – Testimony/qualificatn/misrepresent

SENATE BILL NO. 1042

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Bill Status



S1042..........................................................by SCHROEDER
TESTIMONY - Amends existing law relating to the Administrative Procedure
Act to require that certain testimony involving misrepresentation of
professional qualifications statutorily required by the state of Idaho be
disregarded; to provide for the vacation of certain orders; and to provide
for agency action under certain circumstances.
                                                                        
01/21    Senate intro - 1st rdg - to printing
01/24    Rpt prt - to St Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1042
                                                                        
                                        BY SCHROEDER
                                                                        
  1                                        AN ACT
  2    RELATING TO THE ADMINISTRATIVE PROCEDURES ACT; AMENDING SECTION 67-5251, IDAHO
  3        CODE, TO REQUIRE THAT CERTAIN  TESTIMONY  INVOLVING  MISREPRESENTATION  OF
  4        PROFESSIONAL  QUALIFICATIONS STATUTORILY REQUIRED BY THE STATE OF IDAHO BE
  5        DISREGARDED, TO PROVIDE FOR THE VACATION OF CERTAIN ORDERS AND TO  PROVIDE
  6        FOR AGENCY ACTION UNDER CERTAIN CIRCUMSTANCES; AND DECLARING AN EMERGENCY.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Section 67-5251, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        67-5251.  EVIDENCE -- OFFICIAL  NOTICE.  (1)  The  presiding  officer  may
 11    exclude evidence that is irrelevant, unduly repetitious, or excludable on con-
 12    stitutional or statutory grounds, or on the basis of any evidentiary privilege
 13    provided  by statute or recognized in the courts of this state. All other evi-
 14    dence may be admitted if it is of a type commonly relied upon by prudent  per-
 15    sons in the conduct of their affairs.
 16        (2)  Any  part of the evidence may be received in written form if doing so
 17    will expedite the hearing without substantially prejudicing the  interests  of
 18    any party.
 19        (3)  Documentary  evidence  may  be  received  in  the  form  of copies or
 20    excerpts, if the original is not  readily  available.  Upon  request,  parties
 21    shall  be given an opportunity to compare the copy with the original if avail-
 22    able.
 23        (4)  The presiding officer shall disregard any testimony presented by,  or
 24    documentary  evidence  submitted in association with, a witness that is at the
 25    time of hearing, or within six (6) months from the date of the final order  of
 26    the  agency,  determined  to  have  misrepresented professional qualifications
 27    statutorily required by the state of Idaho in conjunction with his  testimony.
 28    In the event such misrepresentation is determined subsequent to issuance of an
 29    order,  the  order  shall  be  vacated and the matter shall be remanded to the
 30    agency for modifications, new findings, and order.
 31        (5)  Official notice may be taken of:
 32        (a)  any facts that could be judicially noticed  in  the  courts  of  this
 33        state; and
 34        (b)  generally   recognized  technical  or  scientific  facts  within  the
 35        agency's specialized knowledge.
 36    Parties shall be notified of the specific facts or material  noticed  and  the
 37    source  thereof, including any staff memoranda and data. Notice should be pro-
 38    vided either before or during the hearing, and must  be  provided  before  the
 39    issuance  of  any order that is based in whole or in part on facts or material
 40    noticed. Parties must be afforded a timely and meaningful opportunity to  con-
 41    test  and  rebut  the facts or material so noticed. When the presiding officer
 42    proposes to notice staff memoranda or  reports,  a  responsible  staff  member
 43    shall be made available for cross-examination if any party so requests.
                                                                        
                                           2
                                                                        
  1        (56)  The  agency's  experience,  technical  competence,  and  specialized
  2    knowledge may be utilized in the evaluation of the evidence.
                                                                        
  3        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
  4    declared to exist, this act shall be in full force and effect on and after its
  5    passage and approval.

Statement of Purpose / Fiscal Impact


                            STATEMENT OF PURPOSE
                                 R.S. 14659

Amends Section 67-5251, Idaho Code, The Administrative Procedures Act, to
provide that when testimony is provided by, or documentary evidence submitted
by,  a witness that has misrepresented their professional qualifications statutorily
required by the State of Idaho, the testimony shall be disregarded.  If the
misrepresentation if determined subsequent to the issuance of an order, the order
shall be vacated. 


                                 FISCAL IMPACT

There will be minimal fiscal impact to the State of Idaho or any of its subdivisions. 


Contact:

Senator Gary J. Schroeder
208-332-1325

Representative Tom Trail
208-332-1260                                                            S 1042