TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 52

IDAHO ADMINISTRATIVE PROCEDURE ACT

67-5283.  hearing officer qualifications — powers — duties. (1) The chief administrative hearing officer and hearing officers appointed by the chief administrative hearing officer shall:

(a)  On the effective date of their appointments and throughout their tenure, meet and retain all of the qualifications specified for the chief administrative hearing officer in section 67-5281(2), Idaho Code;

(b)  Take the oath of office as prescribed in chapter 4, title 59, Idaho Code;

(c)  Comply with the hearing officer code of conduct;

(d)  Not engage in the conduct prohibited of the chief administrative hearing officer in section 67-5282(2), Idaho Code. Provided, however, to the extent that it does not create a conflict of interest, the code of conduct may be waived for some or all of these prohibitions for contractor hearing officers; and

(e)  Be deemed the presiding officers of contested case proceedings and other proceedings conducted by the office of administrative hearings and assigned to them and have the power to issue subpoenas, administer oaths, control the course of the proceedings, order the use of alternative dispute resolution with the parties’ consent, enter such awards for costs and attorney’s fees as authorized by law, and perform other necessary and appropriate acts in the performance of their duties with respect to such cases.

(2)(a)  Independent contractors may be hired as hearing officers without the limitation on outside work or outside practice of law, provided that:

(i)   A disclosure is filed with the chief administrative hearing officer that states in what other outside work the independent contractor is engaged;

(ii)  The independent contractor does not engage in outside work presenting a conflict of interest; and

(iii) The independent contractor discloses such other information as required by the code of conduct.

(b)  If a failure to comply with the requirements of this subsection by an independent contractor is brought to the attention of the chief administrative hearing officer within thirty (30) days of the issuance of the independent contractor hearing officer’s order, the chief administrative hearing officer shall declare such order void and of no effect within fourteen (14) days. The chief administrative hearing officer shall be permitted to issue a stay while he investigates the issue of failure to comply if the order involves a financial transaction.

(3)  Those individuals serving as hearing officers in the office of the attorney general for department of health and welfare contested case hearings on December 31, 2023, shall have the option to be appointed hearing officers when the office of administrative hearings begins conducting such hearings on or after January 1, 2024, as provided by section 67-5286, Idaho Code, if they meet the hearing officer qualifications requirements set forth in this section and if such hearing officer positions are available in the office of administrative hearings on an employment or independent contractor basis.

History:

[67-5283, added 2022, ch. 287, sec. 8, p. 916; am. 2023, ch. 182, sec. 5, p. 499.]