Petition for Reconsideration (Administrative Agency)

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

This Petition for Reconsideration is timely filed pursuant to Idaho Code § 67-5246(4), which authorizes any party to file a motion for reconsideration of any 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

Idaho Code § 67-5246(4) provides that any party may file a motion for reconsideration of any 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:

• A final order is effective fourteen (14) days after its service date if no petition for reconsideration is filed.
• 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.
• Filing this Petition stays the effectiveness of the Final Order pending disposition.

Under Idaho Code § 67-5273, a petition for judicial review must be filed within twenty-eight (28) days after the final order becomes effective. Consult with an Idaho attorney regarding the precise judicial review deadline in your case.

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 Proposed 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

Under Idaho Code § 67-5246(4), the agency head has authority to reconsider any final order issued in a contested case proceeding. Reconsideration is appropriate to correct errors of law, remedy factual findings not supported by the evidence, address newly discovered evidence, or prevent manifest injustice.

B. Idaho APA Review Standards

Idaho Code § 67-5279(3) requires a reviewing court — and, by analogy, the agency on reconsideration — to reverse or remand where 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 AGENCY NOTES

This template may be used in proceedings before Idaho state agencies, including:

• Idaho Office of Administrative Hearings (OAH) — neutral hearing body for many state agencies; IDAPA 62.01.01 governs procedures
• Idaho Department of Health and Welfare — benefit denials, Medicaid, child protection
• Idaho State Police — alcohol beverage control, concealed weapons licenses
• Idaho Transportation Department — driver's license, motor carrier permits
• Idaho Department of Environmental Quality (DEQ) — environmental permits and enforcement
• Idaho Division of Building Safety — contractor licenses and building permits
• Idaho Licensing Boards (Medicine, Nursing, Pharmacy, Real Estate, etc.) — professional license discipline
• Idaho State Tax Commission — tax assessments and appeals
• Idaho Department of Labor — unemployment insurance and wage claims
• Idaho Public Utilities Commission — utility rate and service regulation

Idaho OAH Procedures: For cases heard by the Idaho OAH, the Petition for Reconsideration under Idaho Code § 67-5246(4) is directed to the agency head (director or governing board), not to the hearing officer. IDAPA 62.01.01 governs OAH procedural rules; individual agency rules in IDAPA may supplement these procedures.

XII. VERIFICATION

I, [________________________________], hereby declare under penalty of perjury under the laws of the State of Idaho 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: 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 §§ 67-5270 to 67-5279, a petition for judicial review must be filed in the district court within twenty-eight (28) days after the Final Order becomes effective. File in the district court for the county where the hearing was held, or in Ada County if no hearing was held (Idaho Code § 67-5272).

2. Stay of Agency Action: Under Idaho Code § 67-5247, a party may request a stay of agency action pending judicial review from the agency or the district court.

3. Standard of Review: The district court reviews on the administrative record and may reverse on the grounds specified in Idaho Code § 67-5279(3).

4. Further Appeals: Appeals from the district court proceed to the Idaho Court of Appeals or Idaho Supreme Court.

Important: The twenty-eight-day judicial review deadline is strictly enforced. Consult a qualified Idaho attorney immediately upon denial of this Petition.

SOURCES AND REFERENCES

• Idaho Code Title 67, Chapter 52 (Idaho APA): https://law.justia.com/codes/idaho/title-67/chapter-52/
• Idaho Code § 67-5246: https://law.justia.com/codes/idaho/title-67/chapter-52/section-67-5246/
• Idaho Office of Administrative Hearings (OAH): https://oah.idaho.gov/
• IDAPA 62.01.01 (OAH Rules): https://oah.idaho.gov/wp-content/uploads/2023/06/62.01.01-6.23-Draft.pdf