TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 52

IDAHO ADMINISTRATIVE PROCEDURE ACT

67-5206.  Promulgation of rules implementing administrative procedure act. (1)  In accordance with the rulemaking requirements of this chapter, the attorney general shall promulgate rules implementing the provisions of sections 67-5240 through 67-5255, Idaho Code. The rules shall specify:

(a)  Form and content to be employed in giving notice of a contested case;

(b)  Procedures and standards required for intervention in a contested case;

(c)  Procedures for prehearing conferences;

(d)  Format for pleadings, briefs, and motions;

(e)  The method by which service shall be made;

(f)  Procedures for the issuance of subpoenas, discovery orders, and protective orders if authorized by other provisions of law;

(g)  Qualifications for persons seeking to act as a representative for parties to contested cases;

(h)  Procedures to facilitate informal settlement of matters; and

(i)  Procedures for placing ex parte contacts on the record.

(2)(a)  After July 1, 1993, the rules promulgated by the attorney general under this section shall apply to all agencies that do not affirmatively promulgate alternative procedures after the promulgation of the rules by the attorney general. The rules promulgated by the attorney general shall supersede the procedural rules of any agency in effect on June 30, 1993, unless that agency promulgates its own procedures as provided in paragraph (b) of this subsection.

(b)  After July 1, 1993, an agency that promulgates its own procedures shall include in the rule adopting its own procedures a finding that states the reasons why the relevant portion of the attorney general’s rules were inapplicable to the agency under the circumstances.

(3)  With respect to contested cases and other proceedings conducted by the office of administrative hearings as authorized by this chapter, rules promulgated by the attorney general or any agency pursuant to subsection (1) of this section shall remain in full force and effect, except with respect to hearing officer qualifications, until such time as the office of administrative hearings promulgates replacement rules, and thereafter such rules of the office of administrative hearings shall govern unless otherwise required by governing federal law.

History:

[67-5206, added 1992, ch. 263, sec. 7, p. 791; am. 1993, ch. 216, sec. 104, p. 673; am. 2022, ch. 287, sec. 2, p. 912; am. 2023, ch. 314, sec. 2, p. 958.]