The bill amends various sections of the Idaho Code to enhance and clarify the Idaho Administrative Procedure Act, particularly concerning contested case rules and disciplinary proceedings for licensed professionals. Key changes include the repeal of Section 67-5241, which previously addressed informal dispositions, and its replacement with a new section that outlines updated procedures for such cases. The bill also shifts the responsibility for rule promulgation from the attorney general to the office of administrative hearings, which will now govern all contested cases, except for actions by the department of water resources. Additionally, it introduces provisions for informal resolutions, default orders, and emergency orders, aiming to streamline administrative processes and improve transparency.
Further amendments include updates to the roles and responsibilities of presiding officers and administrative law judges, with a shift in terminology from "hearing officer" to "law judge." The bill establishes qualifications and duties for the chief administrative law judge and allows independent contractor hearing officers to be appointed as presiding officers in contested cases. It also mandates that all final written orders and guidance documents be indexed and made available for public inspection. The transition of contested case hearings from the Department of Health and Welfare to the office of administrative hearings is set to begin on January 1, 2024, with the governor retaining oversight to ensure compliance with federal regulations. The bill includes a severability clause and declares an emergency, making it effective from July 1, 2025.
Statutes affected: Bill Text: 39-107, 54-314, 54-2412, 54-2819, 54-5315, 67-5201, 67-5206, 67-5232, 67-5241, 67-5242, 67-5244, 67-5245, 67-5247, 67-5249, 67-5250, 67-5251, 67-5252, 67-5281, 67-5282, 67-5283, 67-5284, 67-5286
Engrossment 1: 39-107, 54-314, 54-2412, 54-2819, 54-5315, 67-5201, 67-5206, 67-5232, 67-5241, 67-5242, 67-5244, 67-5245, 67-5247, 67-5249, 67-5250, 67-5251, 67-5252, 67-5281, 67-5282, 67-5283, 67-5284, 67-5286