Idaho Code 67-5281 – Chief Administrative Hearing Officer — Appointment — Qualifications — Removal — Salary
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(1) A chief administrative hearing officer shall be appointed by the governor and confirmed by the senate to serve a four (4) year term. A person may be reappointed to serve additional terms. Provided, however, there is no right to reappointment.
(2) The chief administrative hearing officer must meet the following qualifications on the effective date of his appointment:
(a) Be at least thirty (30) years of age;
(b) Be a citizen of the United States;
(c) Have held a license to practice law or held a judicial office in one (1) or more jurisdictions of the United States for at least five (5) continuous years immediately preceding such appointment; and
(d) Be or become an active member of the Idaho state bar within one (1) year of appointment and remain an active member in good standing thereafter.
Terms Used In Idaho Code 67-5281
- 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
- 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
- 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
- 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
- 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) If the chief administrative hearing officer resigns, dies, or is removed from office as provided in this section, the governor shall appoint a person who meets the qualifications established in this section, subject to confirmation by the senate, to fill the unexpired term.
(4) The chief administrative hearing officer may be removed from office by the governor for failing to retain those qualifications of his office established in subsection (2) of this section, for engaging in prohibited conduct established in section 67-5282(2), Idaho Code, or for good cause shown. Before such removal, the governor shall give the chief administrative hearing officer a written copy of the charges against him, provide him an opportunity to submit a response no fewer than fourteen (14) calendars days thereafter, and may provide him such other process as the governor deems appropriate. If the chief administrative hearing officer is removed, the governor shall provide the house of representatives and the senate written notice of the removal, the effective date of removal, and the reason or reasons therefor.
(5) The chief administrative hearing officer shall be compensated as determined by the governor.