Petition for Reconsideration (Administrative Agency) - Idaho

PETITION FOR RECONSIDERATION

Before the [________________________________]

State of Idaho

In the Matter of:

[________________________________],
Petitioner,

v.

[________________________________],
Respondent Agency.

Docket No.: [________________________________]
Agency File No.: [________________________________]

PETITION FOR RECONSIDERATION OF FINAL ORDER

Pursuant to Idaho Code § 67-5246(4)

Petitioner, [________________________________], by and through undersigned counsel [or pro se], hereby petitions the [________________________________] (the "Agency") to reconsider its Final Order dated [__/__/____], pursuant to Idaho Code § 67-5246(4) and the Idaho Administrative Procedure Act (Idaho Code Title 67, Chapter 52).

I. PRELIMINARY STATEMENT

Unless another statute or rule provides otherwise, Idaho Code § 67-5246(4) authorizes any party to file a motion for reconsideration of a final order issued by the agency head within fourteen (14) days of the service date of that order.

The Final Order [briefly describe adverse ruling: e.g., revoked Petitioner's license / denied Petitioner's application / imposed a civil penalty of $[____________] / upheld an enforcement action against Petitioner]. For the reasons set forth herein, the Final Order is erroneous in law and/or fact and should be vacated, modified, or remanded.

II. JURISDICTION AND STATUTORY AUTHORITY

A. Authority to Reconsider

Unless another statute or rule provides otherwise, Idaho Code § 67-5246(4) permits any party to file a motion for reconsideration of a final order issued by the agency head within fourteen (14) days of the service date of that order. The agency head shall issue a written order disposing of the petition.

B. Timeliness

☐ This Petition is timely filed. The Final Order was served on Petitioner on [__/__/____]. The fourteen-day deadline expires on [__/__/____]. This Petition is filed on [__/__/____].

Deadline Calculation:

• Date Final Order served: [__/__/____]
• Applicable deadline: 14 days from service
• Deadline for this Petition: [__/__/____]
• Date this Petition filed: [__/__/____]

C. Effect on Effectiveness of Final Order and Judicial Review

Under Idaho Code § 67-5246:

• Unless the final order states a different date, it is effective fourteen (14) days after service if no petition for reconsideration is filed.
• Under that default rule, if a petition for reconsideration is filed, the final order becomes effective when: (a) the petition is disposed of; or (b) the petition is deemed denied because the agency head did not dispose of it within twenty-one (21) days.
• Confirm the order's stated effective date and request an express stay if necessary; IDAPA 62.01.01 Rule 632 permits a person affected by an order to move for a stay.

Under Idaho Code § 67-5273, a petition for judicial review of a final order generally must be filed within twenty-eight (28) days of the service date of the final order or, if reconsideration is sought, within twenty-eight (28) days after the service date of the reconsideration decision. Consult the served order and any controlling agency-specific law.

III. IDENTIFICATION OF PARTIES

A. Petitioner

Name: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________]
Telephone: [____________________________]
Email: [________________________________]
License/Permit/Registration No. (if applicable): [________________________________]
Represented by: [________________________________] (Counsel) / Pro Se ☐
Idaho Bar No. (if attorney): [____________________]

B. Respondent Agency

Agency Name: [________________________________]
Agency Head/Director: [________________________________]
Agency Address: [________________________________]
City, State, Zip: [________________________________]

C. Other Parties of Record

Name: [________________________________]
Role: [________________________________]
Address: [________________________________]

IV. DESCRIPTION OF THE ORDER CHALLENGED

A. The Final Order

1. Title/Description of Order: [________________________________]
2. Date Issued: [__/__/____]
3. Date Served on Petitioner: [__/__/____]
4. Order Number/Reference: [________________________________]
5. Presiding Officer/Hearing Officer: [________________________________]

B. Summary of the Final Order

The Final Order found: [________________________________]

The Final Order ordered/directed: [________________________________]

A copy of the Final Order is attached as Exhibit A.

V. PROCEDURAL HISTORY

1. On [__/__/____], [describe the initiating agency action, e.g., "the Agency issued a Notice of Proposed Agency Action proposing to [action]"].

2. On [__/__/____], Petitioner [describe response, e.g., "timely filed a petition for hearing before the Idaho Office of Administrative Hearings"].

3. The Idaho Office of Administrative Hearings (OAH) assigned Hearing Officer [________________________________] to this matter.

4. A hearing was held on [__/__/____] at [________________________________], Idaho.

5. The following witnesses testified:
   - [________________________________], called by [________________________________]
   - [________________________________], called by [________________________________]

6. The following exhibits were admitted:
   - [________________________________]
   - [________________________________]

7. Post-hearing briefing:
   - Petitioner's brief filed: [__/__/____]
   - Agency's brief filed: [__/__/____]
   - Reply brief filed: [__/__/____]

8. The Hearing Officer issued a [Recommended / Preliminary] Order on [__/__/____].

9. Exceptions were filed on [__/__/____] [if applicable].

10. The Agency Head/Director issued the Final Order on [__/__/____].

VI. GROUNDS FOR RECONSIDERATION

Petitioner asserts the following specific grounds for reconsideration. Check all that apply:

☐ Ground 1: Error of Law
The Final Order contains a material error in the interpretation or application of [identify statute/rule: ________________________________].

Specific error: [________________________________]

☐ Ground 2: Findings of Fact Not Supported by Substantial Evidence
One or more material findings of fact in the Final Order are not supported by substantial evidence in the record considered as a whole, as required under Idaho Code § 67-5279(3)(d).

Unsupported findings:

• Finding: [________________________________]; Contrary evidence: [________________________________]
• Finding: [________________________________]; Contrary evidence: [________________________________]

☐ Ground 3: Newly Discovered Evidence
Evidence that could not reasonably have been presented at hearing has been discovered and is material to the outcome.

Description: [________________________________]
Reason not available at hearing: [________________________________]
Effect on outcome: [________________________________]

☐ Ground 4: Agency Exceeded Statutory Authority
The Agency's action exceeds its jurisdiction or conflicts with controlling Idaho law, in violation of Idaho Code § 67-5279(3)(b).

Specifically: [________________________________]

☐ Ground 5: Arbitrary, Capricious, or Abuse of Discretion
The Final Order is arbitrary, capricious, or constitutes an abuse of discretion, in violation of Idaho Code § 67-5279(3)(e).

Specifically: [________________________________]

☐ Ground 6: Constitutional Violation
The Final Order violates Petitioner's rights under:
☐ U.S. Constitution — due process (14th Amend.)
☐ U.S. Constitution — equal protection
☐ Idaho Constitution, Art. I, § [____] ([________________________________])
☐ Other constitutional provision: [________________________________]

☐ Ground 7: Procedural Error
A material procedural error deprived Petitioner of due process or a fair hearing:
☐ Inadequate notice of hearing or charges
☐ Improper admission or exclusion of evidence
☐ Denial of right to present witnesses or cross-examine
☐ Conflict of interest of presiding officer
☐ Other: [________________________________]

☐ Ground 8: Clerical or Factual Mistake
The Final Order contains a clerical error or factual mistake that, if corrected, would change the outcome.

Description: [________________________________]

VII. STATEMENT OF FACTS

A. Background

[Provide a clear, numbered factual narrative:]

1. Petitioner [________________________________] is a [describe: licensed professional / business entity / applicant / regulated party] with [license/permit type and number: ________________________________], issued by the Agency on [__/__/____].

2. On [__/__/____], [describe the key event or Agency action that triggered the proceeding].

3. On [__/__/____], [describe next relevant event].

4. [Continue sequentially.]

B. Factual Errors in the Final Order

The following specific factual findings in the Final Order are incorrect or unsupported by the record:

Incorrect Finding 1:

• The Order states: "[________________________________]"
• The correct fact is: "[________________________________]"
• Record support: [Exhibit [____] / Transcript p. [____]]

Incorrect Finding 2:

• The Order states: "[________________________________]"
• The correct fact is: "[________________________________]"
• Record support: [________________________________]

VIII. LEGAL ARGUMENT

A. Standard for Reconsideration

Idaho Code § 67-5246(4) authorizes a timely motion for reconsideration but does not enumerate substantive grounds. Identify any agency-specific statute or rule governing the motion. The sections below provide optional argument categories; include only grounds supported by the record and applicable law.

B. Idaho APA Review Standards

Idaho Code § 67-5279(3) supplies judicial-review grounds for an agency order. Those grounds may help organize a reconsideration argument, but they do not replace any reconsideration standard imposed by agency-specific law. Judicial review asks whether 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 characterized by abuse of discretion.

C. Argument on Ground 1: [State Ground Title]

The Final Order erred as a matter of law in [________________________________]. Idaho Code § [____] provides that [________________________________]. The Agency's application of this provision was incorrect because [________________________________].

The Idaho Supreme Court / Court of Appeals in [________________________________] held that [________________________________]. Under this controlling authority, [________________________________].

D. Argument on Ground 2: [State Ground Title]

The following findings are not supported by substantial evidence in the record as a whole:

Finding [____]: The Agency found [________________________________]. The record evidence, however, demonstrates [________________________________]. Exhibit [____] shows [________________________________]. Transcript page [____] records testimony that [________________________________]. No substantial evidence supports the Agency's finding because [________________________________].

E. [Additional Arguments as Applicable]

[Continue for each ground asserted, citing specific record evidence, transcript references, Idaho statutes, and Idaho case law.]

IX. RELIEF REQUESTED

Petitioner respectfully requests that the Agency:

☐ 1. Grant this Petition for Reconsideration.

☐ 2. Vacate the Final Order in its entirety.

☐ 3. Issue a new order in Petitioner's favor: [________________________________]

☐ 4. Modify the Final Order to: [________________________________]

☐ 5. Remand for further hearing on: [________________________________]

☐ 6. Stay enforcement of the Final Order pending final resolution of this Petition and any judicial review.

☐ 7. Reinstate Petitioner's [license/permit/registration]: [________________________________]

☐ 8. Reduce the [penalty/fine/assessment] to: $[____________]

☐ 9. Grant such other relief as the Agency finds just and proper.

X. LIST OF EXHIBITS

XI. IDAHO-SPECIFIC PROCEDURE NOTE

IDAPA 62.01.01 governs covered contested cases but excludes Department of Water Resources and Water Resource Board actions and may operate alongside applicable agency-specific procedures. Rule 627 directs a motion for reconsideration of a final order to the agency head. Confirm the correct decisionmaker, filing address, service list, and any agency-specific rule before filing.

XII. VERIFICATION

I, [________________________________], verify that the facts stated in the foregoing Petition for Reconsideration are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [________________________________], Idaho.

[________________________________]
Signature

[________________________________]
Printed Name

[________________________________]
Title (if on behalf of entity)

XIII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of this Petition for Reconsideration and all exhibits upon the following persons by the method indicated:

Agency Head/Director:
Name: [________________________________]
Address: [________________________________]
Method:
☐ Personal delivery
☐ First-class U.S. mail, postage prepaid
☐ Certified mail, return receipt requested
☐ Electronic service (if permitted by agency rules): [________________________________]

Agency Counsel (if applicable):
Name: [________________________________]
Address: [________________________________]
Method: [________________________________]

Other Parties of Record:
Name: [________________________________]
Method: [________________________________]

[________________________________]
Signature of person making service

Date: [__/__/____]

XIV. SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
[Attorney Name / Pro Se Petitioner Name]
[Law Firm, if applicable]
[________________________________]
[Address]
[________________________________]
[City, Idaho, Zip]
Telephone: [____________________________]
Facsimile: [____________________________]
Email: [________________________________]
Idaho Bar No.: [____________________] (if attorney)

Date: [__/__/____]

XV. NEXT STEPS IF PETITION IS DENIED OR DEEMED DENIED

Deemed Denial: Under Idaho Code § 67-5246(4), the petition is deemed denied if the agency head does not dispose of it within twenty-one (21) days of filing. Monitor the deadline carefully.

Effectiveness of Final Order: Unless the order states a different effective date, the Final Order becomes effective when the petition is disposed of or deemed denied.

If Petition is Denied:

1. Judicial Review — Idaho District Court: Under Idaho Code § 67-5273, a petition for judicial review of a final order generally must be filed within twenty-eight (28) days of service or, if reconsideration is sought, within twenty-eight (28) days after service of the reconsideration decision. Under Idaho Code § 67-5272(1), venue is proper in the district court of the county where: (a) the hearing was held; (b) the final agency action was taken; (c) the aggrieved party resides or operates its principal place of business in Idaho; or (d) the real or personal property that was the subject of the agency decision is located. Confirm the correct venue county before filing.

2. Stay of Agency Action: Under Idaho Code § 67-5274, the filing of a petition for judicial review does not itself stay the effectiveness or enforcement of the agency action; a party may request that the agency grant, or the reviewing court order, a stay upon appropriate terms.

3. Standard of Review: Idaho Code § 67-5279(3) lists the grounds applicable when the agency was required to issue an order. Agency action is affirmed unless the appellant's substantial rights were prejudiced; if the action is not affirmed, it is set aside in whole or part and remanded as necessary.

Important: Calendar the applicable judicial-review deadline from the service dates and obtain qualified Idaho counsel promptly.

SOURCES AND REFERENCES

• Idaho Code Title 67, Chapter 52 (Idaho APA): https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch52/
• Idaho Code § 67-5270 (Right of Review): https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch52/sect67-5270/
• Idaho Code § 67-5246 (Final Orders — Effectiveness of Final Orders): https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch52/sect67-5246/
• Idaho Code § 67-5272 (Venue — Form of Action): https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch52/sect67-5272/
• Idaho Code § 67-5273 (Time for Filing Petition for Review): https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch52/sect67-5273/
• Idaho Code § 67-5274 (Stay): https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch52/sect67-5274/
• Idaho Code § 67-5279 (Scope of Review — Type of Relief): https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch52/sect67-5279/
• Idaho Office of Administrative Hearings (OAH): https://oah.idaho.gov/
• IDAPA 62.01.01 (Idaho Rules of Administrative Procedure, current adopted rule): https://adminrules.idaho.gov/rules/current/62/620101.pdf