Summary — H 9 (Idaho Administrative Procedure Act revisions)
Status & timeline
- Introduced: January 14, 2025
- Enacted: Reported signed by Governor March 24, 2025 (Session Law Chapter 151)
- Effective date: July 1, 2025
- Fiscal note: No anticipated impact on the state general, dedicated, or federal funds.
Purpose / intent
H 9 modernizes and clarifies Idaho’s Administrative Procedure Act (APA) governing contested-case procedures. It updates terminology, redistributes procedural responsibilities, incorporates recent practice changes (including the Office of Administrative Hearings’ rulemaking), and adds new process tools (e.g., informal disposition, default orders, hearings record requirements). The stated aim is to align Idaho law with contemporary administrative-law practice and correct cross‑references and technical language.
Key substantive changes (by topic)
- Terminology: Replaces older references to “hearing officer” with “administrative law judge” and updates related terminology throughout the APA (Title 67) and affected statutes.
- Rulemaking authority and references: Updates and cleans up statutory references to reflect that the Office of Administrative Hearings (OAH) — not the Attorney General — now maintains the Idaho Rules of Administrative Procedure (post July 1, 2024). Amends section 67-5206 regarding promulgation of rules implementing the APA.
- Informal disposition: Repeals prior section 67‑5241 and adds a modernized provision authorizing and encouraging informal disposition of contested cases (new 67‑5241), including alternative dispute mechanisms and a presiding officer’s authority to decline to decide a case following informal disposition.
- Hearing procedure and records:
- Revises contested‑case hearing procedures (67‑5242), removes obsolete provisions, and requires that a presiding officer create a hearing record (67‑5249).
- Adds a new defaulting‑party/default order provision (new 67‑5242A).
- Revises evidence rules and definitions applicable in contested cases (67‑5251, 67‑5252).
- Indexing and transparency: Requires agencies to index precedent and declaratory orders (67‑5232) and to post all final written orders and indexed guidance documents on agency websites (67‑5250).
- Administrative law judge management: Revises duties and prohibited conduct of the Chief Administrative Law Judge (67‑5282) and other related provisions (67‑5281, 67‑5283–84).
- Professional/disciplined licensing boards and health & welfare: Technical and procedural updates to several licensing and disciplinary provisions (e.g., sections 39‑107; 54‑314; 54‑2412; 54‑2819; 54‑5315), and changes to Department of Health & Welfare contested‑case provisions (67‑5286).
- Carve‑out amendment: An amendment clarifies that a particular rule-related sentence excludes actions by the Department of Water Resources and the Water Resource Board.
Who is affected
- Administrative agencies and their adjudicators (OAH, Chief ALJ, agency presiding officers) — procedural duties, indexing, posting, and record-keeping obligations.
- Parties to contested cases, including regulated entities and licensees — new informal disposition process, default procedures, and evidence/rule clarifications.
- Professional licensing boards and the Department of Health & Welfare — updated disciplinary hearing cross‑references and procedures.
- Public users of agency decisions — improved online access to final orders and guidance.
Practical impact
- Procedural modernization should increase clarity, consistency, and transparency in administrative adjudications (e.g., clearer records, online access to orders).
- Encouragement of informal disposition may reduce contested‑case workload but preserves formal hearing safeguards.
- The bill is designed to be neutral fiscally; implementation relies on existing agency processes and the Office of Administrative Hearings.
For further detail, the bill amends multiple statutory sections within Title 39, Title 54, and Title 67 of the Idaho Code (see the bill text for section-by-section language).
