TITLE 39

HEALTH AND SAFETY

CHAPTER 4

PUBLIC HEALTH DISTRICTS

39-418.  Judicial review of district board’s determination — Exclusive procedure. (1) Judicial review of a final determination of the district board may be secured by any person adversely affected thereby by filing a petition for review as prescribed by chapter 52, title 67, Idaho Code, in the district court of the county wherein he lives within thirty (30) days after receipt of notice of the district board’s final determination. The petition for review shall be served upon the district health director and the director of the department of health and welfare of the state of Idaho. The director may appear in any such hearing as a matter of right. Such service shall be jurisdictional and the provisions of this section shall be the exclusive procedure for appeal or review.

(2)  If no appeal or review is sought within the time prescribed in (1) above, the final determination of the district board shall be conclusive as to factual matters decided therein and not subject to collateral attack in any proceeding to enforce its provisions.

History:

[39-418, added 1970, ch. 90, sec. 10, p. 218; am. 1973, ch. 29, sec. 10, p. 56; am. 1974, ch. 23, sec. 74, p. 633.]