S 1363 — IDAHO ADMINISTRATIVE PROCEDURE ACT – Amends and adds to existing law to revise procedures for contested cases and hearing officers.

13631363, As Amended BY STATE AFFAIRS COMMITTEE AN ACT RELATING TO THE IDAHO ADMINISTRATIVE PROCEDURE ACT;

AMENDING CHAPTER 52, TITLE 67, IDAHO CODE, BY THE ADDI- TION OF A NEW SECTION 67-5288, IDAHO CODE, TO PROVIDE FOR THE CONDUCT OF CONTESTED CASE PROCEEDINGS;PROCEEDINGS, TO PROVIDE FOR THE SUBMISSION OF CERTAIN MATERIAL BY THE DEPARTMENT OF HEALTH AND WELFARE TO THE CENTERS FOR MEDICARE AND MEDICAID SERVICES, TO AUTHORIZE CERTAIN OVERSIGHT, AND TO PROVIDE FOR EXTENSION OF COMMENCEMENT OF SPECIFIED CONTESTED CASE HEAR- INGS UNDER A CERTAIN CONDITION;

(a) eeEstablish Establish a uniform numbering system applicable to rules adopted by all agencies;

and (e) iiInclude Include such other rules as the coordinator deems necessary to im- plement the provisions of sections 67-5203, 67-5204 and 67-5205, Idaho Code, and this section.

(c) ttThe The standards by which exemptions from regular rulemaking re- quirements will be authorized to correct typographical errors, tran- scription errors, or clerical errors;

(b) ppProcedures Procedures and standards required for intervention in a contested case;

(c) ppProcedures Procedures for prehearing conferences;

(d) ffFormat Format for pleadings, briefs, and motions;

(e) ttThe The method by which service shall be made;

(6) With respect to contested cases and other proceedings conducted by the office of administrative hearings as authorized by this chapter, rules promulgated by the attorney general or any agency pursuant to subsection (4) of this section shall remain in full force and effect, except with respect to hearing officer qualifications, until such time as the office of administraadmin - tiveistrative hearings promulgates replacement rules, and thereafter such rules of the office of administrative hearings shall govern.govern unless otherwise re - quired by governing federal law.

A proceeding by an agency, other than the public utilities commission, or the industrial commission, that the Idaho personnel commission, and the Idaho transportation department's driver's license suspension contested case hearings, which may result in the issuance of an order, is a contested case and is governed by the provisions of this chapter, except as provided by other provisions of law.

(4) The chief administrative hearing officer shall not have served as an administrative hearing officer for an agency, other than the office of ad- ministrative hearings, nor as an attorney for an agency, whether as an employee,em- ployee, an independent contractor, or pursuant to a special appointment, for the one (1) year period immediately preceding his initial appointment.

A hearing officer having served for at least one (1) year within the office of administrative hearings shall be eligible for con-consideration sideration as the chief administrativead- ministrative hearing officer.

That Chapter 52, Title 67, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTIONSECTION, , to be known and des- ignated as Section 67-5285, Idaho Code, and to read as follows:

That Chapter 52, Title 67, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTIONSECTION, , to be known and des- ignated as Section 67-5286, Idaho Code, and to read as follows:

(2) The council shall consist of nineten (9)(10) members, which shall not in- clude the chief administrative hearing officer or any hearing officers or staff of the office of administrative hearings.

and (e) TwoThree (2)(3) members of the public appointed by the governor, neithernone of whom shall be an employee or independent contractor or otherwise have a financial relationship with the office of administrative hearings.

TheNone of the other public membermembers shall not be an attorney noror formerlyfor- anmer attorneyattorney. authorized to practice law in any jurisdiction.

One (1) of the nonattorney public members shall be a mem- ber of an advocacy organization serving persons eligible for public as- sistance benefits.

(5) A quorum shall consist of a majority of the members, butand any action of the council shall requirebe sixtaken (6)by votes.majority vote.

(1) Notwithstanding any other provision of this chapter, the office of administrative hearings shall not conduct contested case proceedings until January 1, 2021.

ContestedCon- tested case proceedings commenced prior to that date shall proceed under the law as it existed as of June 30, 2020, unless the hearing for such contested case did not commence prior to January 1, 2021.

Provided, however, the officeof- fice of administrative hearings shall not conduct department of health and welfare contested case hearings until January 1, 2022, and such hearings commenced prior to that date shall be completed by the office of administrativeadministra- hear-tive ings.hearings.

(2) The department of health and welfare shall expeditiously submit to the centers for medicare and medicaid services (CMS) all that may be required for CMS to approve the conduct of department of health and welfare contested case hearings by the office of administrative hearings commencing on January 1, 2022, as provided for in subsections (1) and (3) of this section, includ- ing but not limited to state plan amendments, waivers, and memorandums of agreement.

The governor, by and through the director, shall retain the au- thority to exercise appropriate oversight of hearings necessary to comply with requirements described in 42 U.S.C.

1396a and related regulations.

(3) The governor may, after notice to the chief administrative hear- ing officer and the advisory council, extend the date on which the office of administrative hearings is to commence conducting department of health and welfare contested case hearings as provided for in subsection (1) of this section until CMS has approved the conduct of hearings by the office of ad- ministrative hearings.