TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 52

IDAHO ADMINISTRATIVE PROCEDURE ACT

67-5282.  DUTIES AND PROHIBITED CONDUCT OF THE CHIEF administrative HEARING OFFICER. (1) The chief administrative hearing officer shall:

(a)  Serve as the administrator of the office of administrative hearings;

(b)  Conduct such contested case proceedings and such other proceedings as are conducted by the office of administrative hearings in accordance with section 67-5280(2)(a) and (b), Idaho Code;

(c)  Devote full-time to the office of administrative hearings and his obligations as chief administrative hearing officer;

(d)  Subject to applicable law and regulation, appoint, supervise, and remove hearing officers and staff as he deems appropriate to the proper functioning of the office of administrative hearings, determine the duties of such appointees as he deems appropriate, and, from among the hearing officers employed by the office of administrative hearings, designate a deputy chief administrative hearing officer to act in place of the chief administrative hearing officer when the chief administrative hearing officer is unable to perform his duties;

(e)  Have the authority to promulgate rules, pursuant to the provisions of this chapter, to implement sections 67-5280 through 67-5286, Idaho Code;

(f)  Establish a hearing officer code of conduct that shall, among other things, provide for independent and unbiased decision-making by hearing officers both as perceived and in fact and provide for a system to monitor compliance with, and sanction violations of, the hearing officer code of conduct;

(g)  Protect and ensure the decisional independence of hearing officers;

(h)  Implement a system for monitoring the quality of contested case proceedings and such other proceedings as are conducted by the office of administrative hearings in accordance with section 67-5280(2)(a) and (b), Idaho Code;

(i)  At his discretion, unless otherwise prohibited by state or federal law, retain independent contractor hearing officers at reasonable and consistent rates of compensation; provided that an independent contractor hearing officer with specialized expertise may be compensated at a higher rate if such expertise is necessary to the proper adjudication of the case and such higher rate of compensation is necessary in order to obtain such expertise; and

(j)  Contract with agencies to conduct such adjudicatory hearings, mediations, and arbitrations authorized by section 67-5280(2)(b), Idaho Code.

(2)  The chief administrative hearing officer shall not:

(a)  Engage in the practice of law outside of his role in the office of administrative hearings, except for the practice of law that is permitted for a judge by the Idaho code of judicial conduct and is not inconsistent with the code of conduct or his duties as chief administrative hearing officer;

(b)  Hold, or be a candidate for, any federal, state, county, municipal, district, or other elective office;

(c)  Serve as the agent, representative, officer, political treasurer, or employee, whether for profit or otherwise, of any political party, political committee, or candidate as defined in either chapter 1, title 34 or chapter 66, title 67, Idaho Code, or otherwise; and

(d)  Hold any other public or private-sector position, whether for profit or otherwise, except for volunteer positions that are not inconsistent with his duties as chief administrative hearing officer.

History:

[67-5282, added 2022, ch. 287, sec. 7, p. 915; am. 2023, ch. 182, sec. 4, p. 498.]