TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 52

IDAHO ADMINISTRATIVE PROCEDURE ACT

67-5280.  CREATION OF OFFICE OF ADMINISTRATIVE HEARINGS — powers and duties. (1) There is hereby created in the department of self-governing agencies the office of administrative hearings.

(2)  The office of administrative hearings shall:

(a)  Unless otherwise specified by law, conduct all contested case proceedings that arise from an appeal of an agency order, except for contested case proceedings involving:

(i)   The Idaho personnel commission; and

(ii)  The Idaho transportation department’s driver’s license suspension contested case proceedings pursuant to section 18-8002A, Idaho Code;

(b)  Conduct such adjudicatory hearings, mediations, and arbitrations not required by this chapter that are requested by agencies and agreed to by the office of administrative hearings at such monetary rates as established by the office of administrative hearings; and

(c)  Have the authority to promulgate rules consistent with state and federal law to implement provisions relating to its duties and actions authorized by this chapter.

(3)  The provisions of subsection (2)(a) of this section shall not be construed to prohibit any agency from requesting any service offered by the office of administrative hearings pursuant to subsection (2)(b) of this section.

(4)  The office of administrative hearings shall not hear and shall not have authority over or oversight of any action by the department of water resources or the water resource board.

(5)  The office of administrative hearings shall be subject to audit in the same manner as other agencies of the state.

History:

[67-5280, added 2022, ch. 287, sec. 5, p. 914; am. 2024, ch. 169, sec. 3, p. 651.]