TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 52

IDAHO ADMINISTRATIVE PROCEDURE ACT

67-5243.  Orders not issued by agency head. (1) If the presiding officer is not the agency head, the presiding officer shall issue either:

(a)  A recommended order, which becomes a final order only after review by the agency head in accordance with section 67-5244, Idaho Code; or

(b)  A preliminary order, which becomes a final order unless reviewed in accordance with section 67-5245, Idaho Code.

(2)  The order shall state whether it is a preliminary order or a recommended order.

(3)  Unless otherwise provided by statute or rule, any party may file a motion for reconsideration of a recommended order or a preliminary order within fourteen (14) days of the service date of that order. The presiding officer shall render a written order disposing of the petition. The petition is deemed denied if the presiding officer does not dispose of it within twenty-one (21) days after the filing of the petition.

History:

[67-5243, added 1992, ch. 263, sec. 27, p. 804; am. 2010, ch. 255, sec. 1, p. 646.]