Idaho Code > Title 67 > Chapter 52 – Idaho Administrative Procedure Act
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Terms Used In Idaho Code > Title 67 > Chapter 52 - Idaho Administrative Procedure Act
- Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
- Administrative code: means the Idaho administrative code established in this chapter. See Idaho Code 67-5201
- Adopt: means that an agency has, under the regular rulemaking process, promulgated a temporary rule, a new rule chapter, or an amendment or repeal of a final rule that will be submitted for review by the legislature as either a temporary rule or a pending rule. See Idaho Code 67-5201
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Agency: means each state board, commission, department or officer authorized by law to make rules or to determine contested cases, but does not include the legislative or judicial branches, executive officers listed in section 1, article IV of the constitution of the state of Idaho in the exercise of powers derived directly and exclusively from the constitution, the state militia or the state board of correction. See Idaho Code 67-5201
- Agency action: means :
Idaho Code 67-5201Agency head: means an individual or body of individuals in whom the ultimate legal authority of the agency is vested by any provision of law. See Idaho Code 67-5201 Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization Bulletin: means the Idaho administrative bulletin established in this chapter. See Idaho Code 67-5201 Chief administrative hearing officer: means the administrator of the office of administrative hearings created pursuant to section 67-5280, Idaho Code. See Idaho Code 67-5201 Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law. Contested case: means a proceeding that results in the issuance of an order. See Idaho Code 67-5201 Coordinator: means the administrative rules coordinator prescribed in section 67-5202, Idaho Code. See Idaho Code 67-5201 Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Document: means any executive order, notice, rule or statement of policy of an agency. See Idaho Code 67-5201 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Final rule: means a rule that has been approved by the legislature and is in effect. See Idaho Code 67-5201 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Germane: On the subject of the pending bill or other business; a strict standard of relevance. Hearing officer: means the chief administrative hearing officer and any hearing officers appointed by him pursuant to sections 67-5281 through 67-5283, Idaho Code, or a person appointed by an agency or board to hear a contested case. See Idaho Code 67-5201 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto). License: means the whole or part of any agency permit, certificate, approval, registration, charter, or similar form of authorization required by law, but does not include a license required solely for revenue purposes. See Idaho Code 67-5201 Month: means a calendar month, unless otherwise expressed. See Idaho Code 73-114 Oath: A promise to tell the truth. Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Official text: means the text of a document issued, prescribed, or promulgated by an agency in accordance with this chapter and is the only legally enforceable text of such document. See Idaho Code 67-5201 Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions. Order: means an agency action of particular applicability that determines the legal rights, duties, privileges, immunities, or other legal interests of one (1) or more specific persons. See Idaho Code 67-5201 Oversight: Committee review of the activities of a Federal agency or program. Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Party: means each person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party. See Idaho Code 67-5201 Pending fee rule: means any pending rule all or a portion of which imposes or increases a fee or charge. See Idaho Code 67-5201 Pending non-fee rule: means any pending rule that is not a pending fee rule. See Idaho Code 67-5201 Pending rule: means a proposed rule that an agency has adopted under the regular rulemaking process but remains subject to legislative review, is not a final rule, and is not in effect. See Idaho Code 67-5201 Person: means any individual, partnership, corporation, association, governmental subdivision or agency, or public or private organization or entity of any character. See Idaho Code 67-5201 Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer. Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. Proposed rule: means an agency proposal that has been adopted and remains subject to review by the legislature. See Idaho Code 67-5201 Provision of law: means all or a part of the state or federal constitution, or of any state or federal:
Idaho Code 67-5201Publish: means to bring before the public by publication in the bulletin or administrative code, by electronic means or as otherwise specifically provided by law. See Idaho Code 67-5201 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Remand: When an appellate court sends a case back to a lower court for further proceedings. Rule: means all or a part of an agency statement of general applicability that has been promulgated in compliance with the provisions of this chapter and that implements, interprets, enforces, or prescribes:
Idaho Code 67-5201Rule chapter: means the numeric designation of a grouping of related agency rules by the coordinator. See Idaho Code 67-5201 Rulemaking: means the process for formulation and adoption of a rule. See Idaho Code 67-5201 Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Standard: means a manual, guideline, criterion, specification, requirement, measurement or other authoritative principle providing a model or pattern in comparison with which the correctness or appropriateness of specified actions, practices or procedures may be determined. See Idaho Code 67-5201 State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114 Statute: A law passed by a legislature. Submitted for review: means that a rule has been provided to the legislature for review at a regular or special legislative session as provided in section 67-5291, Idaho Code. See Idaho Code 67-5201 Temporary rule: means a rule authorized by the governor to become effective before it has been submitted to the legislature for review. See Idaho Code 67-5201 Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.