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ID S1155
Bill
Status
3/9/2017
Primary Sponsor
Judiciary and Rules Committee
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AI Summary
Senate Bill 1155 Summary
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Repeals outdated contested case procedures (sections 67-5240, 67-5242 through 67-5254, 67-5270, 67-5271, and 67-5273 through 67-5279) and replaces them with modernized procedures for administrative hearings.
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Establishes qualifications for presiding officers requiring three (3) years of legal practice in Idaho and prohibits conflicts of interest; includes procedures for disqualification and substitution of presiding officers.
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Creates new procedures for contested cases including notice requirements, discovery (30-day advance notice), intervention, subpoenas, default orders, and hearing record maintenance; allows electronic hearings by telephone or video conference with consent.
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Establishes judicial review standards and timelines requiring exhaustion of administrative remedies, with 28-day filing deadlines for petitions; courts apply substantial and competent evidence test to facts and freely review questions of law.
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Updates cross-references in multiple Idaho Code sections to reflect the reorganized administrative procedure provisions.
Legislative Description
Repeals, amends and adds to existing law to revise procedures for contested cases and presiding officers.
IDAHO ADMINISTRATIVE PROCEDURES ACT
Last Action
Reported Printed; referred to Judiciary & Rules
3/10/2017