HOUSE BILL 461
RS30796 / H0461
Since 1992 when the definition of contested case was added to IDAPA, the proceedings of the Idaho Personnel Commission and driver’s license suspension contested case hearings at ITD had been contested cases under I.C. § 67-5240. With the passage of H.B. 629 (2022) which created the Office of Administrative Hearings, it appears there was a desire to exempt the Idaho Personnel Commission and driver’s license suspension contested case hearings at ITD from the Office of Administrative Hearings. In reality, H.B. 629 (2022) exempted these hearings from IDAPA entirely.
This bill reverses the change made in 2022 to the definition of contested case and instead exempts them from the required use of the Office of Administrative Hearings.
The Idaho Personnel Commission and ITD were consulted on this bill and do not oppose it.
This legislation will have no impact on the state’s General fund or any dedicated fund or federal fund because it is not anticipated to impact the caseload currently handled by OAH, as OAH already handles permissive matters from ITD and IPC.
| Date | Description |
|---|---|
| 02/01 | Introduced, read first time, referred to JRA for Printing |
| 02/02 | Reported Printed and Referred to Judiciary, Rules & Administration |
| 02/14 | Reported out of Committee with Do Pass Recommendation, Filed for Second Reading |
| 02/15 | Read second time; Filed for Third Reading |
| 02/16 | Read Third Time in Full – PASSED - 70-0-0 AYES – Achilles, Alfieri, Allgood, Andrus, Barbieri, Berch, Blanksma, Boyle, Bundy, Burns, Cannon, Cheatum, Chew(Wilson), Clow, Cornilles, Crane(12), Crane(13), Dixon(1), Dixon(24), Durrant, Ehardt, Ehlers, Erickson, Furniss, Galaviz, Gallagher, Gannon, Garner, Green, Handy, Hawkins, Healey, Hill, Holtzclaw, Horman, Kingsley, Lambert, Lanting, Manwaring, Mathias, McCann, Mendive, Mickelsen, Miller, Mitchell, Monks, Necochea, Nelsen, Palmer, Petzke, Pickett, Price, Raybould, Raymond, Redman, Roberts, Rubel, Sauter, Scott, Shepherd, Skaug, Tanner, Vander Woude, Weber, Wheeler, Wisniewski, Wroten, Yamamoto, Young, Mr. Speaker NAYS – None Absent – None Floor Sponsor - Dixon(24) Title apvd - to Senate |
| 02/19 | Received from the House passed; filed for first reading |
| 02/19 | Introduced, read first time; referred to: Judiciary & Rules |
| 03/18 | Reported out of Committee with Do Pass Recommendation; Filed for second reading |
| 03/19 | Read second time; filed for Third Reading |
| 03/20 | Read third time in full – PASSED - 35-0-0 AYES – Adams, Anthon, Bernt, Bjerke, Burtenshaw, Carlson, Cook, Den Hartog, Foreman, Grow, Guthrie, Harris, Hart, Hartgen, Herndon, Just, Lakey, Lee, Lenney, Lent, Nichols, Okuniewicz, Rabe, Ricks, Ruchti, Schroeder, Semmelroth, Taylor, Toews, Trakel, VanOrden, Ward-Engelking, Winder, Wintrow, Zuiderveld NAYS – None Absent and excused – None Floor Sponsor - Lee Title apvd - to House |
| 03/21 | Returned from Senate Passed; to JRA for Enrolling |
| 03/21 | Reported Enrolled; Signed by Speaker; Transmitted to Senate |
| 03/21 | Received from the House enrolled/signed by Speaker |
| 03/21 | Signed by President; returned to House |
| 03/22 | Returned Signed by the President; Ordered Transmitted to Governor |
| 03/25 | Delivered to Governor at 12:10 p.m. on March 22, 2024 |
| 03/25 | Reported Signed by Governor on March 25, 2024 Session Law Chapter 169 Effective: 03/25/2024 |