2005 Legislation
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SENATE BILL NO. 1117 – Agency, testimony, misrepresentatn

SENATE BILL NO. 1117

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Bill Status



S1117..........................................by RESOURCES AND ENVIRONMENT
TESTIMONY - Amends existing law 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.
                                                                        
02/14    Senate intro - 1st rdg - to printing
02/15    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. 1117
                                                                        
                           BY RESOURCES AND ENVIRONMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE ADMINISTRATIVE PROCEDURE 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 prepared by  a witness that is at the time of hearing, or
 25    within six (6) months from the date of the final order of the  agency,  deter-
 26    mined  to have misrepresented professional qualifications statutorily required
 27    by the state of Idaho in conjunction with his testimony.  In  the  event  such
 28    misrepresentation  is determined subsequent to issuance of an order, the order
 29    upon motion of an affected party within six (6) months from the  date  of  the
 30    final  order  shall  be vacated and the matter shall be reopened by the agency
 31    for modifications, new findings, and order.
 32        (5)  Official notice may be taken of:
 33        (a)  any facts that could be judicially noticed  in  the  courts  of  this
 34        state; and
 35        (b)  generally   recognized  technical  or  scientific  facts  within  the
 36        agency's specialized knowledge.
 37    Parties shall be notified of the specific facts or material  noticed  and  the
 38    source  thereof, including any staff memoranda and data. Notice should be pro-
 39    vided either before or during the hearing, and must  be  provided  before  the
 40    issuance  of  any order that is based in whole or in part on facts or material
 41    noticed. Parties must be afforded a timely and meaningful opportunity to  con-
 42    test  and  rebut  the facts or material so noticed. When the presiding officer
 43    proposes to notice staff memoranda or  reports,  a  responsible  staff  member
                                                                        
                                           2
                                                                        
  1    shall be made available for cross-examination if any party so requests.
  2        (56)  The  agency's  experience,  technical  competence,  and  specialized
  3    knowledge may be utilized in the evaluation of the evidence.
                                                                        
  4        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
  5    declared to exist, this act shall be in full force and effect on and after its
  6    passage and approval.

Statement of Purpose / Fiscal Impact


                            STATEMENT OF PURPOSE

                                 R. S. 14863


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 1117