Repeals, amends, and adds to existing law to revise procedures for contested cases and hearing officers.
IDAHO ADMINISTRATIVE PROCEDURE ACT -- Repeals, amends, and adds to existing law to revise procedures for contested cases and hearing officers.
STATEMENT OF PURPOSE
This proposed legislation originates from the Administrative Hearing Officer Interim Committee. It is designed to address concerns over due process, conflicts of interest and impartiality in contested administrative proceedings. The legislation updates processes under the Administrative Procedure Act to better delineate preliminary review and initial agency actions from contested case proceedings. In order to provide impartiality in the contested case process, particularly with reference to fact finding, an office of Administrative Hearings is established with an independent chief hearing officer and hearing officers housed in the Department of Self Governing Agencies. All contested case proceedings will be handled through the Office of Administrative Hearings, except for the Public Utilities Commission, Industrial Commission, Department of Water Resources, and such other proceedings specifically exempt by law. Department heads continue to have final review over all policy and remedy portions of contested cases. Additional changes updates and additions to definitions, limited new discovery and subpoena powers, and emergency hearing processes.
LATEST ACTION
Reported Printed and Referred to Judiciary, Rules & Administration
BILL INFO
- Session
- 2019
- Chamber
- house
- Status date
- Feb 21, 2019