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 office of administrative hearings shall, subject to legislative approval, promulgate and maintain rules implementing the provisions of sections 67-5240 through 67-5255, Idaho Code. Except for any action by the department of water resources or the water resource board, the rules shall govern all contested cases unless otherwise required by governing federal law and 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 representatives 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)  In accordance with the rulemaking requirements of this chapter, the office of administrative hearings shall, subject to legislative approval, have the authority to promulgate and maintain rules governing the procedure of all other proceedings conducted by the office of administrative hearings, including but not limited to adjudicatory hearings, mediations, and arbitrations not required by this chapter.

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; am. 2024, ch. 169, sec. 1, p. 650; am. 2025, ch. 151, sec. 7, p. 743.]