H 9 — IDAHO ADMINISTRATIVE PROCEDURE ACT – Amends, repeals, and adds to existing law to revise the procedures for the conducting of contested cases.

99, As Amended BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT RELATING TO THE IDAHO ADMINISTRATIVE PROCEDURE ACT;

AMENDING CHAPTER 52, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-5241, IDAHO CODE, TO ESTABLISHES- TABLISH PROVISIONS REGARDING INFORMAL DISPOSITION OF A CONTESTED CASE;

AMENDING SECTION 67-5242, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING PROCEDURE AT A CONTESTED CASE HEARING, TO REVISE PROVISIONS REGARDING PROCEDURE AT A CONTESTED CASE HEARING, TO REMOVE PROVISIONS REGARDING PROCEDURE AT A CONTESTED CASE HEARING, AND TO MAKE TECHNICAL CORRECTIONS;CORREC- TIONS;

AMENDING CHAPTER 52, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-5242A, IDAHO CODE, TO ESTABLISH PROVISIONS REGARD-REGARDING ING A DEFAULTING PARTY AND A DEFAULT ORDER;

AMENDING SECTION 67-5245, IDAHO CODE, TO REVISE A PROVISION REGARDINGREGARD- ING A REVIEW OF PRELIMINARY ORDERS AND TO MAKE TECHNICAL COR-CORRECTIONS; RECTIONS;

AMENDING SECTION 67-5247, IDAHO CODE, TO PROVIDE FOR HOW LONG AN EMERGENCYEMER- GENCY ORDER SHALL BE EFFECTIVE;

AMENDING SECTION 67-5250, IDAHO CODE, TO REVISE PROVISIONSPROVI- SIONS REGARDING THE INDEXING OF PRECEDENTIAL AGENCY ORDERS, TO PROVIDE THAT ALL FINAL WRITTEN ORDERS AND GUIDANCE DOCUMENTS INDEXED BY AN AGENCY SHALL BE POSTED ON THE AGENCY'S WEBSITE, AND TO MAKE A TECH-TECHNICAL NICAL CORRECTION;

AMENDING SECTION 67-5251, IDAHO CODE, TO ESTABLISH PROVISIONSPRO- VISIONS REGARDING EVIDENCE IN A CONTESTED CASE, TO REVISE A PRO-PROVISION VISION REGARDING EVIDENCE IN A CONTESTED CASE, AND TO MAKE TECHNICAL CORRECTIONS;CORREC- TIONS;

AMENDING SECTION 67-5252, IDAHO CODE, TO REVISE TERMINOL-TERMINOLOGY; OGY;

The rules Except for any action by the department of water resources or the water re - source board, the rules shall govern all contested cases unless otherwise required by governing fedfederal - eral law and shall specify:

(1) Unless prohibited by other provi- sions of law, an agency may,may: prior to initiation of a contested case:

and (c) Seek informal disposition of thea matter.matter;

(2)and Unless(d) prohibitedSeek byinformal otherdisposition provisions of law, an agency may, fol- lowing initiation of a contested case, seek informal disposition of the con- tested case, upon which informalinfor- mal disposition a presiding officer may decline to decide the contested case.

(3)(2) Informal disposition is to be encouraged both prior to and follow- ing the initiation of contested cases and may be made by alternativealter- native dispute resolution, negotiation, stipulation, agreed settlement, or consent order.

(4)(3) The agency may not abdicate its responsibility for any informal disposition.

Informal dispositions must be approved by the agency head or by a presiding officerofficer. if a contested case has been initiated.

Any agency head or presiding officer approving an informal disposition, or otherwise declining to initiate or decide a contestedcon- tested case, must furnish a brief state-statement ment of the reasons for the decision to all persons involved.

(5)(4) Informal disposition of a contested case as provided in this sec- tion is a final agency action.

(1) AnIn agencya shallcontested givecase noticeother ofthan an agencyemergency decisionproceeding toheld apursuant personto whensection the62-5247, agencyIdaho takesCode an, actionall forpar- whichties theshall perreceive -notice sonthat hasshall ainclude: right to a contested case hearing.

The notice must:

(a) Be in writing;

(b) Set forth the agency action being taken;

(c) Identify the agency statute or rule authorizing the action;

(d) Inform the person of the right, procedure, and time limit to file a contested case petition;

and (e) Provide citation to any agency rules and procedures governing the contested case.

(1) (2) In a contested case other than an emergency proceeding held pur- suant to section 62-5247, Idaho Code , all parties shall receive notice that shall include:

(3) (2) At the hearing, the presiding officer:

That Chapter 52, Title 67, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION,SECTION , to be known and des- ignated as Section 67-5242A, Idaho Code, and to read as follows:

(2) A written final order may not be relied on as precedent by an agency to the detriment of any person until it has been made available for public inspection and indexed in the manner described in this subsection (1) of this sectionsection. .

(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 Jan - uary 1, 2024, as provided for in subsections (1) and (3) of this section , in- cluding but not limited to state plan amendments, waivers, and memorandums of agreement, as may be required by CMS from time to time.time .