TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 52

IDAHO ADMINISTRATIVE PROCEDURE ACT

67-5245.  Review of preliminary orders. (1) A preliminary order shall include:

(a)  A statement that the order will become a final order without further notice; and

(b)  The actions necessary to obtain administrative review of the preliminary order.

(2)  The agency head, upon his own motion may, or, upon motion by any party shall, review a preliminary order, except to the extent that:

(a)  Another statute precludes or limits agency review of the preliminary order; or

(b)  The agency head has delegated his authority to review preliminary orders to one (1) or more persons.

(3)  A petition for review of a preliminary order must be filed with the agency head, or with any person designated for this purpose by rule of the agency, within fourteen (14) days after the service date of the preliminary order unless a different time is required by other provision of law. If the agency head on his own motion decides to review a preliminary order, the agency head shall give written notice within fourteen (14) days after the issuance of the preliminary order unless a different time is required by other provisions of law. The fourteen (14) day period for filing of notice is tolled by the filing of a petition for reconsideration under section 67-5243(3), Idaho Code.

(4)  The basis for review must be stated on the petition. If the agency head on his own motion gives notice of his intent to review a preliminary order, the agency head shall identify the issues he intends to review.

(5)  The agency head shall allow all parties to file exceptions to the preliminary order, to present briefs on the issues, and may allow all parties to participate in oral argument.

(6)  The agency head shall:

(a)  Issue a final order in writing, within fifty-six (56) days of the receipt of the final briefs or oral argument, whichever is later, unless the period is waived or extended with the written consent of all parties, or for good cause shown;

(b)  Remand the matter for additional hearings; or

(c)  Hold additional hearings.

(7)  The head of the agency or his designee for the review of preliminary orders shall exercise all of the decision-making power that he would have had if the agency head had presided over the hearing.

History:

[67-5245, added 1992, ch. 263, sec. 30, p. 805; am. 2010, ch. 255, sec. 2, p. 647.]