TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 52

IDAHO ADMINISTRATIVE PROCEDURE ACT

67-5242.  Procedure at hearing. (1) In a contested case other than an emergency proceeding held pursuant to section 62-5247, Idaho Code, all parties shall receive notice that shall include:

(a)  A statement of the time, place, and nature of the hearing;

(b)  A statement of the legal authority under which the hearing is to be held; and

(c)  A short and plain statement of the matters asserted or the issues involved.

(2)  At the hearing, the presiding officer:

(a)  Shall regulate the course of the proceedings to assure that there is a full disclosure of all relevant facts and issues, including such cross-examination as may be necessary.

(b)  Shall afford all parties the opportunity to respond and present evidence and argument on all issues involved, except as restricted by a limited grant of intervention or by a prehearing order.

(c)  May give nonparties an opportunity to present oral or written statements. If the presiding officer proposes to consider a statement by a nonparty, the presiding officer shall give all parties an opportunity to challenge or rebut it and, on motion of any party, the presiding officer shall require the statement to be given under oath or affirmation.

(d)  Shall cause the hearing to be recorded at the agency’s expense. Any party, at that party’s expense, may have a transcript prepared or may cause additional recordings to be made during the hearing if the making of the additional recording does not cause distraction or disruption.

(e)  May conduct all or part of the hearing by telephone, video conference, or other electronic means, if each participant in the hearing has an opportunity to participate in the entire proceeding while it is taking place.

History:

[(67-5242), added 1965, ch. 273, sec. 9, p. 701; am. and redesignated 1992, ch. 263, sec. 26, p. 802; am. 2025, ch. 151, sec. 11, p. 745.]