Administrative procedures
IDAHO ADMINISTRATIVE PROCEDURE ACT – Amends existing law to revise provisions regarding contested cases and the Office of Administrative Hearings.

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.

Bill Events
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