IDAHO ADMINISTRATIVE PROCEDURE ACT – Amends existing law to establish provisions regarding hearing notices and to revise a provision regarding procedure at a hearing.

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
520
BY
JUDICIARY,
RULES
AND
ADMINISTRATION
COMMITTEE
AN
ACT
1
RELATING
TO
THE
IDAHO
ADMINISTRATIVE
PROCEDURE
ACT;
AMENDING
SECTION
2
67
-
5242,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
HEARING
NOTICES
3
AND
TO
REVISE
A
PROVISION
REGARDING
PROCEDURE
AT
A
HEARING;
PROVIDING
4
SEVERABILITY;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
5
DATE.
6
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
7
SECTION
1.
That
Section
67
-
5242,
Idaho
Code,
be,
and
the
same
is
hereby
8
amended
to
read
as
follows:
9
67
-
5242.
HEARING
NOTICES
AND
PROCEDURE
AT
HEARING.
(1)
When
an
agency
10
gives
a
person
notice
of
an
opportunity
for
a
contested
case
hearing
for
1
1
which
the
person
is
entitled
to
notice
by
law,
the
notice
shall:
12
(a)
Be
in
writing;
13
(b)
Set
forth
the
agency
action
being
taken;
14
(c)
Identify
the
agency
statute
or
rule
authorizing
the
action;
15
(d)
Inform
the
person
of
the
right,
procedure,
and
time
limit
to
file
a
16
request
for
hearing;
and
17
(e)
Provide
citation
to
any
agency
rules
and
procedures
governing
the
18
contested
case
hearing.
19
(1)
(2)
In
a
contested
case
other
than
an
emergency
proceeding
Other
20
than
emergency
proceedings
held
pursuant
to
section
62
-
5247,
Idaho
Code,
all
21
parties
to
a
contested
case
hearing
shall
receive
notice
that
shall
include:
22
(a)
A
statement
of
the
time,
place,
and
nature
of
the
hearing;
23
(b)
A
statement
of
the
legal
authority
under
which
the
hearing
is
to
be
24
held;
and
25
(c)
A
short
and
plain
statement
of
the
matters
asserted
or
the
issues
26
involved.
27
(2)
(3)
At
the
hearing,
the
presiding
officer:
28
(a)
Shall
regulate
the
course
of
the
proceedings
to
assure
that
there
29
is
a
full
disclosure
of
all
relevant
facts
and
issues,
including
such
30
cross
-
examination
as
may
be
necessary.
31
(b)
Shall
afford
all
parties
the
opportunity
to
respond
and
present
ev
-
32
idence
and
argument
on
all
issues
involved,
except
as
restricted
by
a
33
limited
grant
of
intervention
or
by
a
prehearing
order.
34
(c)
May
give
nonparties
an
opportunity
to
present
oral
or
written
35
statements.
If
the
presiding
officer
proposes
to
consider
a
statement
36
by
a
nonparty,
the
presiding
officer
shall
give
all
parties
an
opportu
-
37
nity
to
challenge
or
rebut
it
and,
on
motion
of
any
party,
the
presiding
38
officer
shall
require
the
statement
to
be
given
under
oath
or
affirma
-
39
tion.
40
(d)
Shall
cause
the
hearing
to
be
recorded
at
the
agency's
expense.
Any
41
party,
at
that
party's
expense,
may
have
a
transcript
prepared
or
may
42

2
cause
additional
recordings
to
be
made
during
the
hearing
if
the
making
1
of
the
additional
recording
does
not
cause
distraction
or
disruption.
2
(e)
May
conduct
all
or
part
of
the
hearing
by
telephone,
video
confer
-
3
ence,
or
other
electronic
means,
if
each
participant
in
the
hearing
has
4
an
opportunity
to
participate
in
the
entire
proceeding
while
it
is
tak
-
5
ing
place.
6
SECTION
2.
SEVERABILITY.
The
provisions
of
this
act
are
hereby
declared
7
to
be
severable
and
if
any
provision
of
this
act
or
the
application
of
such
8
provision
to
any
person
or
circumstance
is
declared
invalid
for
any
reason,
9
such
declaration
shall
not
affect
the
validity
of
the
remaining
portions
of
10
this
act.
1
1
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
12
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
13
July
1,
2026.
14