TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 52

IDAHO ADMINISTRATIVE PROCEDURE ACT

67-5281.  CHIEF ADMINISTRATIVE hearing officer — APPOINTMENT — QUALIFICATIONS — REMOVAL — salary. (1) A chief administrative hearing officer shall be appointed by the governor and confirmed by the senate to serve a four (4) year term. A person may be reappointed to serve additional terms. Provided, however, there is no right to reappointment.

(2)  The chief administrative hearing officer must meet the following qualifications on the effective date of his appointment:

(a)  Be at least thirty (30) years of age;

(b)  Be a citizen of the United States;

(c)  Have held a license to practice law or held a judicial office in one (1) or more jurisdictions of the United States for at least five (5) continuous years immediately preceding such appointment; and

(d)  Be or become an active member of the Idaho state bar within one (1) year of appointment and remain an active member in good standing thereafter.

(3)  If the chief administrative hearing officer resigns, dies, or is removed from office as provided in this section, the governor shall appoint a person who meets the qualifications established in this section, subject to confirmation by the senate, to fill the unexpired term.

(4)  The chief administrative hearing officer may be removed from office by the governor for failing to retain those qualifications of his office established in subsection (2) of this section, for engaging in prohibited conduct established in section 67-5282(2), Idaho Code, or for good cause shown. Before such removal, the governor shall give the chief administrative hearing officer a written copy of the charges against him, provide him an opportunity to submit a response no fewer than fourteen (14) calendars days thereafter, and may provide him such other process as the governor deems appropriate. If the chief administrative hearing officer is removed, the governor shall provide the house of representatives and the senate written notice of the removal, the effective date of removal, and the reason or reasons therefor.

(5)  The chief administrative hearing officer shall be compensated as determined by the governor.

History:

[67-5281, added 2022, ch. 287, sec. 6, p. 915; am. 2023, ch. 182, sec. 3, p. 498.]