TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 52

IDAHO ADMINISTRATIVE PROCEDURE ACT

67-5252.  Presiding officer — Disqualification. (1) Except as provided in subsection (4) of this section, any party shall have the right to one (1) disqualification without cause of any person serving or designated to serve as presiding officer, and any party shall have a right to move to disqualify for bias, prejudice, interest, substantial prior involvement in the matter other than as a presiding officer, status as an employee of the agency hearing the contested case, lack of professional knowledge in the subject matter of the contested case, or any other cause provided in this chapter or any cause for which a judge is or may be disqualified.

(2)  Any party may petition for the disqualification of a person serving or designated to serve as presiding officer:

(a)  Within fourteen (14) days after receipt of notice indicating that the person will preside at the contested case; or

(b)  Promptly upon discovering facts establishing grounds for disqualification, whichever is later.

Any party may assert a blanket disqualification for cause of all employees of the agency hearing the contested case, other than the agency head, without awaiting designation of a presiding officer.

(3)  A person whose disqualification for cause is requested shall determine in writing whether to grant the petition, stating facts and reasons for the determination.

(4)   When disqualification of the agency head or a member of the agency head would result in an inability to decide a contested case, the actions of the agency head shall be treated as a conflict of interest under the provisions of section 74-404, Idaho Code.

(5)   When a decision is required to be rendered within fourteen (14) weeks of the date of a request for a hearing by state or federal statutes or rules and regulations, or when the presiding officer is the chief administrative hearing officer or appointed by the chief administrative hearing officer as defined in section 67-5201, Idaho Code, no party shall have the right to a disqualification without cause.

History:

[67-5252, added 1992, ch. 263, sec. 37, p. 809; am. 1993, ch. 216, sec. 109, p. 677; am. 2015, ch. 141, sec. 177, p. 519; am. 2022, ch. 287, sec. 4, p. 914.]