TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 52

IDAHO ADMINISTRATIVE PROCEDURE ACT

67-5249.  Agency record. (1) A presiding officer shall ensure that a hearing record is created that complies with the provisions of this section.

(2)  An agency shall maintain an official record of each contested case under this chapter for a period of not less than six (6) months after the expiration of the last date for judicial review, unless otherwise provided by law.

(3)  The record shall include:

(a)  The recording of the hearing;

(b)  All notices of the hearing and other conferences conducted by the presiding officer;

(c)  All prehearing orders;

(d)  All motions, pleadings, briefs, petitions, requests, and intermediate rulings;

(e)  All evidence received or considered;

(f)  A statement of all matters officially noticed and any related notices;

(g)  All offers of proof and objections and rulings thereon;

(h)  All proposed findings and requested orders;

(i)  Any transcript of the hearing, if prepared;

(j)  Staff memoranda or data submitted to the presiding officer or the agency head in connection with the consideration of the proceeding;

(k)  Any recommended order, preliminary order, final order, or order on reconsideration; and

(l)  All matters placed on the record after an ex parte communication pursuant to section 67-5253, Idaho Code.

(4)  Except to the extent that this chapter or another statute provides otherwise, the agency record constitutes the exclusive basis for agency action in contested cases under this chapter or for judicial review thereof.

History:

[67-5249, added 1992, ch. 263, sec. 34, p. 807; am. 2025, ch. 151, sec. 16, p. 748.]