Administrative Hearing Request Packet - Idaho

IDAHO ADMINISTRATIVE HEARING REQUEST PACKET

Use this packet only after completing the coverage and deadline worksheet below. The Idaho Administrative Procedure Act and IDAPA 62.01.01 provide general contested-case procedure; they do not create a hearing right or filing deadline for every agency action.

1. Coverage and Authority Worksheet

1.1 Agency and Proceeding

1.2 General APA Coverage Gate

Idaho Code § 67-5240 treats a proceeding by an agency other than the Public Utilities Commission or Industrial Commission that may result in an order as a contested case, except as other law provides.

Before using this packet, confirm:

• ☐ The proceeding is not governed by a different exclusive statutory route.
• ☐ The agency is not the Public Utilities Commission or Industrial Commission.
• ☐ If the Department of Water Resources or Water Resource Board is involved, counsel has identified the separate applicable procedure because the current IDAPA 62.01.01 coverage statement excludes them.
• ☐ The organic statute, agency notice, or agency-specific rule gives this requester a hearing right.
• ☐ The filing deadline, recipient, and authorized method have been verified from a current controlling source.

1.3 Informal Resolution

Idaho Code § 67-5241 allows an agency, unless other law prohibits it, to decline initiation, request more information, or seek informal disposition. Informal resolution may include negotiation, stipulation, settlement, consent order, or alternative dispute resolution, but agency approval remains necessary.

Select:

• ☐ Request the contested-case hearing and also invite informal resolution.
• ☐ Request only the contested-case hearing.
• ☐ Use an agency-specific informal-review route before requesting a contested case.
• ☐ Other: [________________________________].

2. Filing Control Sheet

2.1 Deadline Calculation

IDAPA 62.01.01 Rule 5 states that, unless another source controls, a document is filed when received by the presiding officer, not when mailed or otherwise transmitted. Do not rely on a postmark.

2.2 Recipient and Method

Rule 350 requires documents intended for the agency record to be filed with the presiding officer and any other person designated by the agency. Email or another electronic method is sufficient only if authorized by the presiding officer or agency.

• Filing recipient: [________________________________]
• Secondary designated recipient: [________________________________]
• Physical address: [________________________________]
• Authorized email or portal: [________________________________]
• Accepted file type and size: [________________________________]
• Number of paper copies, if any: [________________________________]
• Confirmation method: [________________________________]

2.3 Service

Rule 351 requires a party to serve its record filings concurrently on the representatives of each party of record. Rule 354 requires proof of service.

Rule 353 governs when service is complete unless another statute, rule, order, or notice controls. Do not confuse completion of service with the receipt-based filing rule.

3. Cover Letter

[Date: __/__/____]

VIA [AUTHORIZED METHOD: ________________________________]

Dear [________________________________]:

Enclosed is [Requester's] Request for Administrative Hearing concerning the action identified above.

The hearing right and deadline arise under [________________________________]. The challenged action was [issued / served / received] on [__/__/____], and this request is submitted by the verified deadline of [__/__/____].

Please file the enclosed request in the agency record and send confirmation of receipt and any case number, presiding-officer assignment, scheduling notice, or additional filing instruction to:

This cover letter does not waive any argument, objection, defense, or request for relief.

Respectfully submitted,

Signature: [________________________________]
Name: [________________________________]
Title / Idaho Bar No., if applicable: [________________________________]
Date: [__/__/____]

4. Request for Administrative Hearing

BEFORE THE [AGENCY NAME]

Requester submits this initial pleading under [agency-specific statute or rule: ________________________________] and the applicable provisions of the Idaho Administrative Procedure Act and IDAPA 62.01.01.

4.1 Requester and Representative

4.2 Agency Action

1. The agency issued the following action: [________________________________].

2. The action is dated [__/__/____] and was received or served on [__/__/____] by [________________________________].

3. A copy of the complete action and its hearing-right notice is attached as Exhibit [____].

4. The action affects the following right, license, award, authority, benefit, assessment, penalty, or other interest:

[________________________________]

4.3 Hearing Authority and Timeliness

5. The source creating the hearing right is:

[________________________________]

6. The source establishing the deadline and trigger is:

[________________________________]

7. The deadline calculation is:

[________________________________]

8. This request is timely because:

[________________________________]

4.4 Contested Facts and Issues

Rule 302 calls for numbered allegations that state the relevant facts, controlling provisions, right or authority at issue, and relief sought.

9. Contested factual issue:

[________________________________]

10. Contested legal or procedural issue:

[________________________________]

11. Additional issue:

[________________________________]

12. The statutes, rules, permit terms, contract provisions, or orders at issue are:

• [________________________________]
• [________________________________]
• [________________________________]

4.5 Requested Relief

Requester asks the agency to:

• ☐ Set a contested-case hearing.
• ☐ Rescind the challenged action.
• ☐ Modify the challenged action as follows: [________________________________].
• ☐ Determine the following right or issue: [________________________________].
• ☐ Grant the stay requested in the attached motion.
• ☐ Approve an informal disposition on terms acceptable to the agency and parties.
• ☐ Grant other relief within the agency's authority: [________________________________].

Requester does not seek fees or costs unless a separately identified statute or rule authorizes the agency to award them.

4.6 Signature

I certify that the factual statements in this request are made in good faith based on the information presently available.

Signature: [________________________________]
Name: [________________________________]
Capacity: [Requester / Idaho counsel / authorized representative]
Date: [__/__/____]

5. Optional Motion to Stay Agency Action

Use this motion only if the challenged action is already effective or will become effective before the contested case can be resolved.

IDAPA 62.01.01 Rule 327 permits a presiding officer, where law does not prohibit it, to stay an agency order pending resolution of the contested case. Rule 632 separately addresses stays of interlocutory or final orders. Neither rule supplies a universal four-factor test; identify any agency-specific standard.

MOTION TO STAY

Requester moves to stay [identify order or action: ________________________________] pending resolution of this contested case.

1. Authority for the requested stay:

[________________________________]

2. Effective date and present effect of the challenged action:

[________________________________]

3. Specific harm expected before a decision:

[________________________________]

4. Facts and documents supporting the motion:

[________________________________]

5. Proposed duration and terms of the stay:

[________________________________]

6. Position of the agency or other parties, if known:

[________________________________]

Requested order:

• ☐ Stay the action in full.
• ☐ Stay only the following portion: [________________________________].
• ☐ Preserve the status quo on these terms: [________________________________].
• ☐ Set expedited briefing or a hearing on the motion.

Signature: [________________________________]
Date: [__/__/____]

6. Certificate of Service

I certify that on [__/__/____], I served the Request for Administrative Hearing and all attachments on the following persons:

Signature: [________________________________]
Name: [________________________________]

7. Attachment Checklist

• ☐ Complete challenged notice, order, or decision
• ☐ Envelope, delivery record, portal receipt, or email showing the trigger date
• ☐ Agency-specific hearing request form
• ☐ Organic statute and agency-specific rule
• ☐ Supporting declaration or affidavit, if required
• ☐ Key exhibits supporting contested facts
• ☐ Optional stay motion and supporting evidence
• ☐ Proof of authority for a nonlawyer organizational representative, if permitted
• ☐ Certificate of service
• ☐ Filing confirmation retained in the client file

8. Current General Procedure Guide

8.1 Hearing Notice and Participation

Idaho Code § 67-5242 requires an agency notice of an opportunity for a hearing, when the person is entitled to notice by law, to identify the action, authority, hearing-request procedure, time limit, and governing rules. Hearing notice must identify the time, place, nature, legal authority, and issues. At hearing, parties must have an opportunity to respond and present evidence and argument, subject to lawful limits and prehearing orders.

8.2 Discovery

Under Rule 450, discovery may be conducted by party agreement approved by the presiding officer or when ordered by the presiding officer, unless prohibited. When discovery is authorized, its kinds and scope generally follow the Idaho Rules of Civil Procedure subject to limits imposed by the presiding officer.

Rule 453 permits subpoenas under Idaho Code § 67-5251A or other authority. Rule 457 permits protective orders recognized by statute or rule. Do not serve civil discovery automatically; first obtain the agreement, authorization, or order required in the contested case.

8.3 Evidence and Burden

Idaho Code § 67-5251 and Rule 475 allow relevant evidence commonly relied on by prudent persons, subject to constitutional, statutory, privilege, relevance, and repetition limits. The presiding officer is generally not bound by the Idaho Rules of Evidence except for privileges or when another source requires otherwise.

Rule 477 places the default burden on the party requesting or challenging agency action, or otherwise proposing an order or position, and applies a preponderance standard absent fraud or a controlling source requiring another standard.

8.4 Scheduling

Rule 400 allows the presiding officer to convene a scheduling conference to address issues, discovery, exhibits, witnesses, accommodations, hearing format, and deadlines. Treat the scheduling order and agency-specific rules as controlling.

9. Order and Review Calendar

9.1 Type of Order

The 2025 reorganization of Idaho's contested-case statutes uses this map:

• Idaho Code § 67-5243: recommended and preliminary orders issued by a presiding officer who is not the agency head, including reconsideration procedure.
• Idaho Code § 67-5245: agency-head review of preliminary orders.
• Idaho Code § 67-5246: final orders and final-order reconsideration.
• IDAPA Rules 625, 626, and 627: required explanations and procedures for recommended, preliminary, and final orders.

Do not use the former section labels. The order itself and any agency-specific rule control available review steps.

9.2 Calendar Worksheet

Under §§ 67-5243, 67-5245, and 67-5246, fourteen-day administrative review or reconsideration periods often apply unless another law supplies a different period. Read the served order before calculating any deadline.

9.3 Judicial Review

• Idaho Code § 67-5271 generally requires exhaustion of administrative remedies.
• Idaho Code § 67-5272 lists the permitted district-court venues.
• Idaho Code § 67-5273 generally requires a petition for review of a final order within twenty-eight days of its service date, or within twenty-eight days after service of a reconsideration decision when reconsideration is sought.
• Rule 651 requires a judicial-review petition to be filed with the agency and district court and served on all parties and the presiding officer.
• Idaho Code § 67-5279 supplies the judicial-review standards and requires prejudice to substantial rights; the court does not defer to an agency's legal interpretation under subsection (5).

This packet does not include a petition for judicial review.

10. Verification Notes

The Idaho contested-case section map changed materially in 2024 and 2025, and § 67-5242 was amended again effective July 1, 2026. Current assignments include:

11. Official Sources

• Idaho Administrative Procedure Act, Title 67 Chapter 52
• Current IDAPA 62.01.01 PDF
• Idaho Office of Administrative Hearings