Idaho Code 67-5280 – Creation of Office of Administrative Hearings — Powers and Duties
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(1) There is hereby created in the department of self-governing agencies the office of administrative hearings.
(2) For agencies not excluded in this section, the office of administrative hearings shall:
(a) Unless otherwise specified by law, conduct all contested case proceedings that arise from an appeal of an agency order;
(b) Conduct such adjudicatory hearings, mediations, and arbitrations not required by this chapter that are requested by agencies and agreed to by the office of administrative hearings at such monetary rates as established by the office of administrative hearings; and
(c) Promulgate rules consistent with state and federal law to implement provisions relating to its duties and actions authorized by this chapter.
Terms Used In Idaho Code 67-5280
- 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
- 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.
- Contested case: means a proceeding that results in the issuance of an order. See Idaho Code 67-5201
- 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.
- 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
(3) The office of administrative hearings shall not hear and shall not have authority over or oversight of any action by the department of water resources or the water resource board.
(4) The office of administrative hearings shall be subject to audit in the same manner as other agencies of the state.