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H 36

IDAHO ADMINISTRATIVE PROCEDURE ACT – Adds to existing law to establish provisions regarding the issuance of a subpoena in a contested case.

68th Legislature, 1st Regular Session (2025)

House Bill 36 clarifies subpoena procedures in Idaho's administrative hearings, improving efficiency and fairness for parties involved in contested cases starting July 1, 2025.

Reported Signed by Governor on March 12, 2025 Session Law Chapter 52 Effective: 07/01/2025
#administrativehearingsoffice #civilactions #courts #fees
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Bill Summary · H 36

Summary of House Bill 36 (H 36)

Title

Idaho Administrative Procedure Act – Provisions for Issuance of Subpoenas in Contested Cases

Status

  • Reported Signed by Governor: March 12, 2025
  • Session Law Chapter: 52
  • Effective Date: July 1, 2025

Introduction

  • Introduced On: January 22, 2025
  • Legislative Co-sponsor: Senator Ruchti

Purpose and Intent

House Bill 36 aims to amend the Idaho Administrative Procedure Act by establishing clear provisions regarding the issuance of subpoenas in contested cases. While subpoenas are currently permitted, the existing law lacks specific guidelines on their procedures and enforcement. This bill seeks to fill that gap, ensuring a more structured approach to the use of subpoenas in administrative hearings.

Key Provisions

The bill introduces a new section (67-5251A) to the Idaho Code, which includes the following key provisions:

  1. Issuance of Subpoenas:

    • A presiding officer may issue a subpoena upon request from a party involved in a contested case or on their own initiative.
    • The issuance requires a demonstration of the general relevance and reasonable scope of the evidence sought.

  2. Service of Subpoenas:

    • Subpoenas must be served in accordance with the procedures established for civil actions unless specified otherwise by law or agency rule.

  3. Witness Fees:

    • The party requesting the subpoena is responsible for paying witness fees, following the same guidelines as in civil actions.

  4. Enforcement:

    • District courts have the authority to enforce subpoenas, including the ability to modify, set aside, or compel compliance with the subpoena.
    • Non-compliance with a court order related to a subpoena may be treated as contempt of court.

  5. Severability Clause:

    • If any provision of this act is found invalid, the remaining provisions will continue to be effective.

  6. Emergency Declaration:

    • The bill declares an emergency, allowing it to take effect on July 1, 2025.

Impact

This legislation primarily affects parties involved in administrative contested cases, including individuals and organizations that may need to present evidence or witness testimony. By clarifying the procedures for subpoenas, the bill aims to enhance the efficiency and fairness of administrative hearings in Idaho.

Fiscal Note

The fiscal note indicates that the bill will have no impact on the state’s General Fund or any dedicated or federal funds, as it merely outlines existing procedures for subpoenas rather than introducing new costs.

Conclusion

House Bill 36 represents a significant step toward improving the administrative hearing process in Idaho by providing clear guidelines for the issuance and enforcement of subpoenas. Its effective date of July 1, 2025, will allow for the implementation of these provisions, enhancing the legal framework surrounding administrative procedures in the state.

Compiled from official sources — confirm details with the bill’s official record.

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