Administrative Hearing Request Packet - Idaho

ADMINISTRATIVE HEARING REQUEST PACKET — IDAHO

Hearing Request, Cover Letter, and Practice Guide

Pursuant to the Idaho Administrative Procedure Act (Idaho Code § 67-5201 et seq.) and Idaho Rules of Administrative Procedure (IDAPA 62.01.01)

TABLE OF CONTENTS

1. Hearing Request Cover Letter
2. Formal Request for Administrative Hearing
3. Statement of Issues / Grounds for Hearing
4. Agency Identification and OAH
5. Filing Instructions
6. Deadlines and Timeline
7. Discovery and Evidence Rules
8. Pre-Hearing Conference Procedures
9. Hearing Procedures and Rules of Evidence
10. Post-Hearing Briefs and Procedures
11. Appeal Rights from Administrative Decision
12. Document Checklist
13. Practice Tips for Idaho Administrative Hearings
14. Sources and References

1. HEARING REQUEST COVER LETTER

[Date: __/__/____]

VIA [HAND DELIVERY / CERTIFIED MAIL / EMAIL / ELECTRONIC FILING]

[________________________________]
[Agency Name / Hearing Coordinator]
[________________________________]
[Address Line 1]
[________________________________]
[Address Line 2]
[________________________________]
[City, Idaho ZIP]

RE:     Request for Contested Case Hearing
        Petitioner: [________________________________]
        Agency Case/Reference No.: [________________________________]
        Agency Action Date: [__/__/____]

Dear [________________________________] [Hearing Coordinator / Agency Clerk]:

Pursuant to the Idaho Administrative Procedure Act, Idaho Code § 67-5240
et seq., and the Idaho Rules of Administrative Procedure, IDAPA 62.01.01,
the undersigned hereby submits this Request for Contested Case Hearing
on behalf of [________________________________] ("Petitioner") to
contest the [________________________________] [describe agency action:
denial, revocation, suspension, assessment, enforcement order, etc.]
issued by [________________________________] [Agency Name] on
[__/__/____].

Petitioner received notice of the agency action on [__/__/____].
This request is timely filed within the [____]-day period prescribed
by [________________________________] [cite applicable statute,
regulation, or agency notice provision].

Petitioner requests a hearing before a presiding officer to contest
the agency action and requests that a scheduling conference be set
at the earliest practicable date.

Enclosed with this letter are the following documents:
  1. Formal Request for Contested Case Hearing
  2. Statement of Issues / Grounds for Hearing
  3. Copy of Agency Action/Notice Being Contested
  4. Supporting Documentation
  5. Proof of Service
  6. [Additional: ________________________________]

Please acknowledge receipt and provide notice of scheduling conference
or hearing date. Please direct all communications regarding this
matter to:

[________________________________]
[Attorney Name]
[________________________________]
[Idaho State Bar No.]
[________________________________]
[Firm Name]
[________________________________]
[Street Address]
[________________________________]
[City, Idaho ZIP]
Phone: [________________________________]
Email: [________________________________]

Respectfully submitted,

____________________________________
[Signature]
[Printed Name]
Idaho State Bar No.: [________________________________]
Date: [__/__/____]

2. FORMAL REQUEST FOR ADMINISTRATIVE HEARING

BEFORE THE [________________________________] [Agency Name]

STATE OF IDAHO

In the Matter of:

[________________________________],
Petitioner,

v.

[________________________________],
[Agency Name],
Respondent.

Agency Case No.: [________________________________]

PETITION TO INITIATE CONTESTED CASE / REQUEST FOR HEARING

Petitioner, [________________________________], by and through undersigned counsel, hereby petitions to initiate a contested case and requests a hearing pursuant to Idaho Code § 67-5240 et seq. and IDAPA 62.01.01, and states as follows:

I. PARTIES

1. Petitioner:
   - Full Legal Name: [________________________________]
   - Address: [________________________________]
   - City, State, ZIP: [________________________________]
   - Phone: [________________________________]
   - Email: [________________________________]
   - License/Permit No. (if applicable): [________________________________]

2. Attorney/Representative for Petitioner:
   - Name: [________________________________]
   - Idaho State Bar No.: [________________________________]
   - Firm: [________________________________]
   - Address: [________________________________]
   - City, State, ZIP: [________________________________]
   - Phone: [________________________________]
   - Email: [________________________________]

3. Respondent Agency:
   - Agency Name: [________________________________]
   - Division/Bureau: [________________________________]
   - Hearing Coordinator: [________________________________]
   - Address: [________________________________]
   - City, State, ZIP: [________________________________]
   - Phone: [________________________________]
   - Email: [________________________________]

II. STATEMENT OF THE CASE

4. On [__/__/____], the [________________________________] [Agency Name] issued [________________________________] [describe the agency action: e.g., Order of Revocation, Notice of Violation, Notice of Denial, Preliminary Order, Notice of Proposed Action, etc.].

5. Petitioner received notice of the agency action on [__/__/____] via [________________________________] [certified mail, personal service, email, etc.].

6. The agency action purports to [________________________________] [describe what the agency action does: revoke Petitioner's license, deny Petitioner's permit application, impose a civil penalty, etc.].

7. Agency case or reference number: [________________________________]

III. JURISDICTIONAL BASIS

8. This proceeding constitutes a "contested case" as defined by Idaho Code § 67-5240, meaning a proceeding that results in the issuance of an order.

9. This petition is made pursuant to:
   - Idaho Code § 67-5240 (contested case scope)
   - Idaho Code § 67-5242 (right to hearing)
   - IDAPA 62.01.01 (Idaho Rules of Administrative Procedure)
   - [________________________________] [additional applicable statutes]
   - [________________________________] [applicable agency IDAPA rules]

IV. GROUNDS FOR HEARING

10. Petitioner contests the agency action on the following grounds:

a. [________________________________]
[________________________________]

b. [________________________________]
[________________________________]

c. [________________________________]
[________________________________]

d. [________________________________]
[________________________________]

V. FACTS IN SUPPORT

11. The material facts supporting this petition are:
    [________________________________]
    [________________________________]
    [________________________________]
    [________________________________]
    [________________________________]
    [________________________________]

VI. STATUTES AND RULES AT ISSUE

12. The following statutes and rules are at issue:
    - [________________________________]
    - [________________________________]
    - [________________________________]
    - [________________________________]

VII. RELIEF REQUESTED

13. Petitioner requests the following relief:

☐ A contested case hearing before a presiding officer
☐ Reversal of the agency action
☐ Modification of the agency action as follows: [________________________________]
☐ Remand for further agency proceedings
☐ Stay of agency action pending hearing
☐ Award of attorney fees and costs (Idaho Code § 12-117)
☐ Other relief: [________________________________]

VIII. REQUEST FOR STAY

☐ Petitioner DOES request a stay of the agency action pending hearing.
☐ Petitioner DOES NOT request a stay at this time.

If stay is requested:

(a) Irreparable Harm:
[________________________________]
[________________________________]

(b) Likelihood of Success:
[________________________________]
[________________________________]

(c) Balance of Equities:
[________________________________]
[________________________________]

(d) Public Interest:
[________________________________]
[________________________________]

IX. VERIFICATION

I, [________________________________], declare under penalty of perjury under the laws of the State of Idaho that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

____________________________________
Signature of Petitioner or Authorized Representative

Date: [__/__/____]

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on [__/__/____], a true and correct copy of this Petition was served upon:

[________________________________]
[Agency Hearing Coordinator / Agency Counsel]
[Address]

by ☐ hand delivery ☐ U.S. Mail ☐ certified mail ☐ email ☐ fax

____________________________________
[Signature]

3. STATEMENT OF ISSUES / GROUNDS FOR HEARING

DETAILED STATEMENT OF CONTESTED ISSUES

Issue 1: [________________________________]

• Factual Basis: [________________________________]
  [________________________________]

• Applicable Idaho Code Section / IDAPA Rule: [________________________________]

• Why the Agency Action Is Erroneous: [________________________________]
  [________________________________]

Issue 2: [________________________________]

• Factual Basis: [________________________________]
  [________________________________]

• Applicable Idaho Code Section / IDAPA Rule: [________________________________]

• Why the Agency Action Is Erroneous: [________________________________]
  [________________________________]

Issue 3: [________________________________]

• Factual Basis: [________________________________]
  [________________________________]

• Applicable Idaho Code Section / IDAPA Rule: [________________________________]

• Why the Agency Action Is Erroneous: [________________________________]
  [________________________________]

Additional Issues:
[________________________________]
[________________________________]
[________________________________]

BRIEF FACTUAL NARRATIVE

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

4. AGENCY IDENTIFICATION AND OAH

Idaho Office of Administrative Hearings (OAH)

Idaho established the Office of Administrative Hearings (OAH) to provide hearing officers for contested case proceedings across multiple state agencies.

OAH Contact Information:

• Idaho Office of Administrative Hearings
• 1120 W. State Street, Suite 200
• Boise, Idaho 83702
• Phone: (208) 605-4350
• Website: https://oah.idaho.gov
• Email Filing: Available (check OAH website for current email)

OAH Jurisdiction:

OAH provides hearing officers for contested case proceedings when:

• The agency does not have its own hearing officers
• The agency contracts with OAH for hearing officer services
• Statute requires OAH to conduct the hearing

Filing Methods Accepted by OAH:

☐ Digital file transfers
☐ Email filings (free)
☐ U.S. Mail
☐ Hand delivery

Common Idaho Agencies and Hearing Bodies:

Identify the Correct Filing Destination:

• Agency Name: [________________________________]
• Hearing Body: [________________________________]
• Hearing Coordinator: [________________________________]
• Address: [________________________________]
• Phone: [________________________________]
• Email: [________________________________]

5. FILING INSTRUCTIONS

How to File a Hearing Request in Idaho

Step 1: Determine the Filing Requirements

☐ Review the agency notice/order for specific filing instructions and deadlines
☐ Identify whether the hearing will be conducted by OAH or the agency's own hearing officers
☐ Obtain any agency-specific forms or filing requirements

Step 2: File the Petition

Under IDAPA 62.01.01, a Petition to Initiate a Contested Case must be filed with the Hearing Coordinator.

Accepted Filing Methods:

☐ Email: Many agencies and OAH accept email filings (free)
☐ U.S. Mail: Certified mail, return receipt requested (recommended)
☐ Hand Delivery: To the hearing coordinator's office during business hours
☐ Digital File Transfer: If available through the agency or OAH

IMPORTANT: Under IDAPA 62.01.01, documents are considered filed when received by the presiding officer, NOT when mailed or otherwise transmitted. Plan accordingly.

Step 3: Filing Confirmation

Upon receipt of a petition, the Hearing Coordinator will:

• Provide confirmation of filing to the petitioner
• Serve the petition upon the agency (if filed with OAH)
• In permit proceedings, also serve the permit applicant or holder

Step 4: Caption and Case Number

• All communications regarding a proceeding should reference the case caption and case number
• An original and necessary copies of all documents must be filed with the presiding officer and any other designated person

Step 5: Filing Fees

• Idaho generally does not charge filing fees for contested case hearing requests
• Costs for transcripts and copies are borne by the requesting party
• Attorney fees may be awarded under Idaho Code § 12-117 if the agency acted without a reasonable basis in fact or law

6. DEADLINES AND TIMELINE

Critical Idaho Administrative Hearing Deadlines

Filing Deadline for Hearing Request:

• The deadline is set by the specific statute, regulation, or agency notice governing the action
• Common deadlines include:
• ITD driver's license suspension (ALS): 7 days from service of notice of suspension (Idaho Code § 18-8002A)
• Professional license actions: as specified in the agency order (often 21 days)
• Tax assessments: 63 days from mailing of notice (Idaho Code § 63-3045)
• Environmental enforcement: as specified in the order or regulation
• Benefits determinations: as specified in the notice
• Workers' compensation: as specified by applicable Idaho Code chapters
• IMPORTANT: Always verify the specific deadline in the agency notice or applicable statute

Timeline After Filing:

Expedited Proceedings:

For certain matters such as ITD license suspensions, an evidentiary hearing date will be set without any precedent scheduling conference due to statutory time requirements.

7. DISCOVERY AND EVIDENCE RULES

Discovery in Idaho Administrative Proceedings

General Principles (IDAPA 62.01.01, Rule 450):

• Parties are encouraged to informally exchange information and documentation that will aid in the just, speedy, and inexpensive disposition of the proceeding
• Discovery may be conducted as agreed between the parties or where ordered by the presiding officer
• Unless otherwise provided by statute, rule, order, or notice, when discovery is authorized, the kinds and scope of discovery are governed by the Idaho Rules of Civil Procedure

Available Discovery Methods (when authorized):

☐ Interrogatories (I.R.C.P. 33)
☐ Requests for Production of Documents (I.R.C.P. 34)
☐ Requests for Admission (I.R.C.P. 36)
☐ Depositions (I.R.C.P. 30, 31)
☐ Subpoenas (IDAPA 62.01.01, Rule 453)

Subpoenas (IDAPA 62.01.01, Rule 453):

• The presiding officer may issue subpoenas for witnesses and documents
• A party seeking a subpoena should file a written request with the presiding officer
• Subpoenas must specify what is sought and the relevance
• Subpoenas are enforceable through the district court

Protective Orders (IDAPA 62.01.01, Rule 457):

• The presiding officer may issue protective orders to limit or restrict discovery
• Grounds include trade secrets, confidential business information, and undue burden

Idaho Public Records Act (Idaho Code § 74-101 et seq.):

• Idaho's Public Records Act provides access to government records
• Use public records requests to obtain agency files, investigation reports, and other relevant documents
• File requests early in the process

Evidence Preparation:

☐ Mark all exhibits sequentially (Petitioner's Exhibit 1, 2, 3, etc.)
☐ Prepare copies for the presiding officer, opposing party, and your records
☐ Prepare an exhibit index with brief descriptions
☐ Organize exhibits chronologically or by subject matter
☐ Exchange exhibits as ordered by the presiding officer

8. PRE-HEARING CONFERENCE PROCEDURES

Idaho Pre-Hearing (Scheduling) Conferences

Scheduling Conference:

• Upon proper request for a hearing, a scheduling conference will typically be set to establish deadlines and hearing dates
• For certain expedited matters (e.g., ITD license suspensions), an evidentiary hearing date will be set without a scheduling conference
• Scheduling conferences may be conducted by telephone or in person

Matters Addressed at Scheduling Conference:

☐ Hearing date and location
☐ Estimated length of hearing
☐ Discovery schedule and deadlines
☐ Exchange of witness lists and exhibit lists
☐ Pre-hearing motions deadlines
☐ Pre-hearing brief deadlines
☐ Stipulations of fact and law
☐ Settlement or mediation discussions
☐ Identification of issues
☐ Accommodation requests (interpreter, accessibility, remote participation)

Pre-Hearing Order:

• The presiding officer will issue a scheduling order establishing all deadlines
• All parties must comply with the scheduling order
• Failure to comply may result in exclusion of evidence or witnesses

Pre-Hearing Submissions:

☐ Pre-hearing brief or memorandum (if ordered)
☐ Witness list with description of anticipated testimony
☐ Exhibit list with copies of exhibits
☐ Stipulations of fact and law
☐ Motions in limine
☐ Proposed findings of fact and conclusions of law (if ordered)

Common Pre-Hearing Motions:

☐ Motion to Dismiss
☐ Motion for Summary Judgment
☐ Motion to Continue
☐ Motion to Compel Discovery
☐ Motion in Limine
☐ Motion for Protective Order
☐ Motion for Consolidation
☐ Motion to Intervene

9. HEARING PROCEDURES AND RULES OF EVIDENCE

Conduct of Contested Case Hearings Under Idaho Law

Presiding Officer (Idaho Code § 67-5243):

The presiding officer may be:

• One or more members of the agency board
• The agency head
• A duly appointed hearing officer authorized by statute or rule to preside at a contested case hearing

Notice Requirements (Idaho Code § 67-5241):

In a contested case, all parties who have not waived notice must be given written notice of:

• The time, place, and nature of the hearing
• The legal authority and jurisdiction under which the hearing is held
• The particular sections of statutes and rules involved
• A short and plain statement of the matters asserted

Parties' Rights (Idaho Code § 67-5242):

☐ Right to be represented by counsel
☐ Right to present evidence and argument on all issues
☐ Right to cross-examine witnesses presented by other parties
☐ Right to submit rebuttal evidence
☐ Right to a record of the proceedings

Rules of Evidence (Idaho Code § 67-5251; IDAPA 62.01.01, Rule 475):

• The presiding officer at hearing is not bound by the Idaho Rules of Evidence, except as to rules governing evidentiary privileges, or where otherwise required by statute or rule
• Evidence is admissible and excludable as provided in Idaho Code § 67-5251
• Evidence that is irrelevant, unduly repetitious, or excludable on constitutional or statutory grounds may be excluded
• Hearsay evidence is admissible if it is of a type commonly relied upon by prudent persons in the conduct of their affairs
• Documentary evidence may be received in the form of copies or excerpts
• The presiding officer may take official notice of judicially noticeable facts, technical or scientific facts within the specialized knowledge of the agency, and the record in other proceedings before the agency

Burden of Proof (IDAPA 62.01.01, Rule 477):

• The burden of proof standard is set by the applicable statute or rule
• Default standard: preponderance of the evidence
• In license discipline cases: the agency typically bears the burden
• In license application cases: the applicant may bear the burden

Record Requirements (Idaho Code § 67-5245):

The record in a contested case shall include:
☐ All pleadings, motions, and intermediate rulings
☐ Evidence received or considered
☐ A statement of matters officially noticed
☐ Questions and offers of proof, objections, and rulings thereon
☐ Proposed findings, requested orders, and exceptions
☐ The presiding officer's decision, findings of fact, conclusions of law, and order

Order of Proceedings:

1. Preliminary matters (representation, stipulations, pending motions)
2. Opening statements
3. Party with burden of proof presents case-in-chief
4. Cross-examination
5. Responding party presents case
6. Cross-examination
7. Rebuttal evidence
8. Closing arguments (oral or written)
9. Record closes (or remains open for post-hearing briefs if ordered)

Ex Parte Contact Prohibition (Idaho Code § 67-5244):

• No party to a contested case shall communicate with the presiding officer except upon notice and opportunity for all parties to participate
• This prohibition applies to both the substance and procedure of the case
• Violations must be disclosed and may result in sanctions

10. POST-HEARING BRIEFS AND PROCEDURES

Post-Hearing Procedures in Idaho

Post-Hearing Briefs:

• The presiding officer may order or permit post-hearing briefs
• Briefs address the evidence, applicable law, and proposed findings
• Filing deadlines are set by the presiding officer at or after the hearing
• Simultaneous or sequential briefing schedules may be ordered

Proposed Findings of Fact and Conclusions of Law:

• The presiding officer may require parties to submit proposed findings
• These should cite specific evidence from the record and applicable authority
• Well-supported proposed findings are more likely to be adopted

Orders (Idaho Code § 67-5248):

Idaho uses a system of preliminary, recommended, and final orders:

Preliminary Order:

• Issued by the presiding officer (when the presiding officer is not the agency head)
• Becomes final without further action unless a party files a petition for review or the agency head reviews the order on its own motion

Recommended Order:

• Issued by the presiding officer for consideration by the agency
• Does not become final unless adopted by the agency

Final Order:

• Issued by the agency head
• May adopt, modify, or reject the preliminary or recommended order
• A final order must include findings of fact, conclusions of law, and the order

Petition for Review of Preliminary Order (Idaho Code § 67-5248):

• A party may petition the agency head for review of a preliminary order
• The petition must be filed within 14 days of service of the preliminary order (or as specified by agency rules)
• The agency head may affirm, modify, or reverse the preliminary order
• If no petition for review is filed and the agency does not review on its own motion, the preliminary order becomes the final order

Motion for Reconsideration (IDAPA 62.01.01):

• A motion for reconsideration must be filed within 14 days of the issuance of the order
• The motion should identify specific errors of fact or law

11. APPEAL RIGHTS FROM ADMINISTRATIVE DECISION

Judicial Review Under Idaho Code § 67-5270 et seq.

Right to Judicial Review (Idaho Code § 67-5270):

A person aggrieved by final agency action is entitled to judicial review under the Idaho APA. "Final agency action" means the whole or part of any agency order issued in a contested case.

Exhaustion of Remedies:

• A party must exhaust all administrative remedies before seeking judicial review
• This includes filing any required petition for review of a preliminary order and any required motion for reconsideration

Where to File (Idaho Code § 67-5272):

• Petition for judicial review is filed in the District Court of:
• Ada County (where most state agencies are headquartered), OR
• The county in which the hearing was held, OR
• The county of residence of the petitioner, OR
• As otherwise specified by statute

Filing Deadline (Idaho Code § 67-5273):

• A petition for judicial review must be filed within 28 days of the service of the final agency order
• This deadline is jurisdictional and strictly enforced

Contents of Petition for Judicial Review:

☐ Name and address of the petitioner
☐ Name and address of the agency whose action is at issue
☐ Identification of the agency action being reviewed
☐ Statement of the issues for review
☐ A copy of the final agency order

Record on Review:

• The agency must transmit the record to the court within the time specified by the court
• The record includes all documents, evidence, and the agency's decision

Standard of Review (Idaho Code § 67-5279):

The court shall affirm the agency action unless it finds that the agency's findings, inferences, conclusions, or decisions are:

☐ In violation of constitutional or statutory provisions
☐ In excess of the statutory authority of the agency
☐ Made upon unlawful procedure
☐ Not supported by substantial evidence on the record as a whole
☐ Arbitrary, capricious, or an abuse of discretion

Attorney Fees (Idaho Code § 12-117):

• The court may award reasonable attorney fees to the prevailing party if the court finds that the agency acted without a reasonable basis in fact or law
• This is a significant tool for private parties challenging unreasonable agency action

Stay Pending Review:

• A party may seek a stay of the agency action pending judicial review
• File a motion for stay in the district court
• The court has discretion to grant a stay upon appropriate conditions

12. DOCUMENT CHECKLIST

Idaho Administrative Hearing — Filing Checklist

Pre-Filing Preparation:

☐ Obtained and reviewed the agency notice/order being contested
☐ Identified the applicable statute or regulation governing the right to hearing
☐ Confirmed the filing deadline (check the agency notice — deadlines vary significantly)
☐ Identified whether OAH or the agency conducts the hearing
☐ Determined the correct Hearing Coordinator for filing
☐ Retained Idaho counsel or determined to proceed pro se
☐ Gathered relevant documents and evidence

Filing Package — Required Documents:

☐ Cover Letter (Section 1 of this packet)
☐ Petition to Initiate Contested Case / Request for Hearing (Section 2)
☐ Statement of Issues / Grounds for Hearing (Section 3)
☐ Copy of the agency action/notice/order being contested
☐ Verification / Declaration
☐ Certificate of Service
☐ Proof of service on the agency

Filing Package — Optional/Supplemental Documents:

☐ Request for stay of agency action (with supporting grounds)
☐ Supporting evidence and documentation
☐ Idaho Public Records Act request (Idaho Code § 74-101 et seq.)
☐ Subpoena request(s)
☐ Request for accommodation (interpreter, disability access, remote hearing)
☐ Authorization for representative (if not an attorney)
☐ Request for expedited hearing or scheduling conference

Post-Filing Follow-Up:

☐ Received confirmation of filing from Hearing Coordinator
☐ Noted assigned case number
☐ Attended scheduling conference (or received hearing date for expedited matters)
☐ Calendared hearing date and all pre-hearing deadlines
☐ Served discovery requests (if authorized)
☐ Filed subpoena requests
☐ Filed Public Records Act requests for agency records
☐ Prepared witness list and exhibit list
☐ Exchanged exhibits as ordered by presiding officer
☐ Filed pre-hearing brief (if required)
☐ Arranged for witnesses to appear at hearing
☐ Prepared opening and closing statements
☐ Calendared 14-day motion for reconsideration / petition for review deadline
☐ Calendared 28-day judicial review deadline from final order

13. PRACTICE TIPS FOR IDAHO ADMINISTRATIVE HEARINGS

Strategic Considerations

1. Filing Date Is Receipt Date: Under IDAPA 62.01.01, documents are considered filed when received by the presiding officer, NOT when mailed. Unlike Iowa and some other states, the postmark date does not control. Mail filings well in advance of the deadline or use email or hand delivery.

2. Vary Widely by Agency: Idaho administrative hearing procedures vary substantially depending on the agency involved. ITD license suspension hearings have compressed timelines (7-day filing deadlines), while other proceedings allow more time. Always check the specific agency's IDAPA rules in addition to the general rules.

3. Preliminary vs. Recommended vs. Final Orders: Understand the distinction between preliminary, recommended, and final orders under Idaho Code § 67-5248. A preliminary order becomes final without further action unless challenged. A recommended order does not become final unless adopted. Know which type your proceeding will produce.

4. 14-Day Reconsideration Window: Motions for reconsideration must be filed within 14 days of the order. This is shorter than many states. Calendar this deadline immediately.

5. 28-Day Judicial Review Deadline: The deadline for filing a petition for judicial review is 28 days from service of the final agency order — shorter than the typical 30-day period in many states. This deadline is strictly enforced and jurisdictional.

6. Attorney Fees Under Idaho Code § 12-117: Idaho allows the prevailing party to recover attorney fees if the agency acted without a reasonable basis in fact or law. This provides a powerful incentive for agencies to act reasonably and gives private parties a meaningful remedy.

7. Informal Information Exchange: IDAPA 62.01.01 encourages parties to informally exchange information. Take advantage of this provision to obtain agency documents and information without the formality and expense of formal discovery.

8. Discovery Scope: When discovery is authorized, it follows the Idaho Rules of Civil Procedure. This includes interrogatories, requests for production, depositions, and requests for admission. Discovery is more readily available in Idaho proceedings than in many states.

9. Scheduling Conference Practice: Most Idaho proceedings begin with a scheduling conference where deadlines and the hearing date are established. Prepare for this conference by knowing your witness and exhibit needs, estimated hearing time, and any discovery you require.

10. Ex Parte Contact Prohibition: Idaho Code § 67-5244 strictly prohibits ex parte contact with the presiding officer. All communications must include all parties. Violations can result in sanctions and may be grounds for reversal.

11. Idaho Public Records Act: Use Idaho Code § 74-101 et seq. to request agency records. File requests early and be specific about what records you need. This is often the most efficient way to obtain agency investigative files and reports.

12. OAH Resources: The Idaho OAH website (https://oah.idaho.gov) provides resources for attorneys, including information about hearing procedures, filing requirements, and the rules of administrative procedure. Review these resources before filing.

13. ITD/ALS Cases (DUI License Suspensions): If challenging an ITD Administrative License Suspension, the filing deadline is only 7 days from service of the notice of suspension. These cases are expedited and proceed directly to a hearing without a scheduling conference. Be prepared to move immediately.

14. Evidentiary Rules Relaxation: The presiding officer is not bound by the Idaho Rules of Evidence except for privileges. This means hearsay and other evidence that would be excluded in court may be admitted. However, focus on presenting your strongest, most reliable evidence.

14. SOURCES AND REFERENCES

Idaho Statutes

• Idaho Administrative Procedure Act: Idaho Code § 67-5201 et seq.
• § 67-5201: Definitions
• § 67-5240: Contested Cases — Scope
• § 67-5241: Contested Cases — Notice
• § 67-5242: Contested Cases — Hearing
• § 67-5243: Contested Cases — Presiding Officer
• § 67-5244: Contested Cases — Ex Parte Contacts
• § 67-5245: Contested Cases — Record
• § 67-5246: Contested Cases — Procedure at Hearing
• § 67-5248: Contested Cases — Proposed and Final Orders
• § 67-5249: Contested Cases — Preliminary Orders, Recommended Orders
• § 67-5251: Contested Cases — Evidence
• § 67-5252: Contested Cases — Default
• § 67-5270: Judicial Review — Scope
• § 67-5271: Judicial Review — Venue
• § 67-5272: Judicial Review — Petition
• § 67-5273: Judicial Review — Time for Filing
• § 67-5279: Judicial Review — Standard
• Idaho Code § 12-117: Attorney Fees Against Government Agencies
• Idaho Code § 18-8002A: Administrative License Suspension (ALS)
• Idaho Public Records Act: Idaho Code § 74-101 et seq.

Idaho Administrative Rules

• Idaho Rules of Administrative Procedure: IDAPA 62.01.01
• Rule 001: Title and Scope
• Rule 050: Contested Case Commencement
• Rule 200: Filing of Documents
• Rule 250: Service
• Rule 400: Scheduling Conference
• Rule 450: Kinds and Scope of Discovery
• Rule 453: Subpoenas
• Rule 457: Protective Orders
• Rule 475: Rules of Evidence
• Rule 477: Burden of Proof
• Rule 500: Hearing Procedures
• Rule 700: Preliminary, Recommended, and Final Orders
• Rule 740: Petition for Review of Preliminary Order
• Rule 751: Hearing on Emergency Order
• Rule 800: Agency-Specific Contested Case Rules

Online Resources

• Idaho Office of Administrative Hearings: https://oah.idaho.gov
• OAH Information for Attorneys: https://oah.idaho.gov/information-for-attorneys/
• Idaho Statutes Online: https://legislature.idaho.gov/statutesrules/idstat/
• Idaho Administrative Rules: https://adminrules.idaho.gov/
• IDAPA 62.01.01 (PDF): https://adminrules.idaho.gov/rules/current/62/index.html
• Idaho Code § 67-5201 (Legislature website): https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch52/sect67-5201/

This template is provided for informational purposes only and does not constitute legal advice. Idaho administrative hearing procedures vary by agency and proceeding type. Always consult with a qualified Idaho attorney and review the specific agency's IDAPA rules in addition to the general Idaho Rules of Administrative Procedure before filing. Last updated: 2026-03-07.