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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
]]]] 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
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