TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 52

IDAHO ADMINISTRATIVE PROCEDURE ACT

67-5241.  Informal disposition. (1) Unless prohibited by other provisions of law:

(a)  an agency or a presiding officer may decline to initiate a contested case;

(b)  any part of the evidence in a contested case may be received in written form if doing so will expedite the case without substantially prejudicing the interests of any party;

(c)  informal disposition may be made of any contested case by negotiation, stipulation, agreed settlement, or consent order. Informal settlement of matters is to be encouraged;

(d)  the parties may stipulate as to the facts, reserving the right to appeal to a court of competent jurisdiction on issues of law.

(2)  An agency or a presiding officer may request such additional information as required to decide whether to initiate or to decide a contested case as provided in subsection (1) of this section.

(3)  If an agency or a presiding officer declines to initiate or decide a contested case under the provisions of this section, the agency or the officer shall furnish a brief statement of the reasons for the decision to all persons involved. This subsection does not apply to investigations or inquiries directed to or performed by law enforcement agencies defined in section 74-101(7), Idaho Code.

(4)  The agency may not abdicate its responsibility for any informal disposition of a contested case. Disposition of a contested case as provided in this section is a final agency action.

History:

[67-5241, added 1992, ch. 263, sec. 25, p. 802; am. 1993, ch. 216, sec. 107, p. 676; am. 2000, ch. 342, sec. 13, p. 1160; am. 2006, ch. 352, sec. 4, p. 1078; am. 2015, ch. 141, sec. 176, p. 519.]