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, an agency may:

(a)  Decline to initiate a contested case;

(b)  Request such additional information as required to decide whether to initiate a contested case;

(c)  Seek informal disposition of a matter; and

(d)  Seek informal disposition of a contested case, upon which informal disposition a presiding officer may decline to decide the contested case.

(2)  Informal disposition is to be encouraged and may be made by alternative dispute resolution, negotiation, stipulation, agreed settlement, or consent order.

(3)  The agency may not abdicate its responsibility for any informal disposition. Informal dispositions must be approved by the agency head or by a presiding officer. Any agency head or presiding officer approving an informal disposition, or otherwise declining to initiate or decide a contested case, must furnish a brief statement of the reasons for the decision to all persons involved. The provisions of this subsection shall not apply to investigations or inquiries directed to or performed by law enforcement agencies defined in section 74-101(7), Idaho Code.

(4)  Informal disposition of a contested case as provided in this section is a final agency action.

History:

[67-5241, added 2025, ch. 151, sec. 10, p. 744.]