42-1701A. HEARINGS BEFORE DIRECTOR — APPEALS. (1) All hearings required by law to be held before the director of the department of water resources shall be conducted in accordance with the provisions of chapter 52, title 67, Idaho Code, and rules of procedure promulgated by the director.
(2) The director, in his discretion, may direct that a hearing be conducted by a hearing officer appointed by the director. In such event, the hearing officer shall have the duty to make a complete record of the evidence presented and duly received at the hearing and to prepare a recommended or preliminary order in accordance with chapter 52, title 67, Idaho Code, and rules of procedure promulgated by the director.
(3) Unless the right to a hearing before the director or the water resource board is otherwise provided by statute, any person aggrieved by any action of the director, including any decision, determination, order or other action, including action upon any application for a permit, license, certificate, approval, registration, or similar form of permission required by law to be issued by the director, who is aggrieved by the action of the director, and who has not previously been afforded an opportunity for a hearing on the matter shall be entitled to a hearing before the director to contest the action. The person shall file with the director, within fifteen (15) days after receipt of written notice of the action issued by the director, or receipt of actual notice, a written petition stating the grounds for contesting the action by the director and requesting a hearing. The director shall give such notice of the petition as is necessary to provide other affected persons an opportunity to participate in the proceeding. The hearing shall be held and conducted in accordance with the provisions of subsections (1) and (2) of this section. Judicial review of any final order of the director issued following the hearing shall be had pursuant to subsection (4) of this section.
(4) Any person who is aggrieved by a final decision or order of the director is entitled to judicial review. The judicial review shall be had in accordance with the provisions and standards set forth in chapter 52, title 67, Idaho Code.
History:
[42-1701A, added 1980, ch. 238, sec. 1, p. 526; am. 1993, ch. 216, sec. 36, p. 619; am. 1994, ch. 450, sec. 2, p. 1435; am. 2003, ch. 138, sec. 1, p. 403.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Chapter 17 - DEPARTMENT OF WATER RESOURCES — WATER RESOURCE BOARD
Section 42-1701 - CREATION OF DEPARTMENT OF WATER RESOURCES — DIRECTOR — QUALIFICATIONS — DUTIES.
Section 42-1701A - HEARINGS BEFORE DIRECTOR — APPEALS.
Section 42-1701B - ENFORCEMENT PROCEDURE — NOTICE — CONSENT ORDER — CIVIL ACTION.
Section 42-1702 - DUTY TO SUPPLY INFORMATION.
Section 42-1703 - ATTORNEY GENERAL TO ADVISE DIRECTOR.
Section 42-1704 - DIRECTOR TO MAKE REPORT.
Section 42-1705 - COOPERATION WITH UNITED STATES GEOLOGICAL SURVEY.
Section 42-1706 - ADDITIONAL DUTIES OF DIRECTOR.
Section 42-1709 - INSPECTION AND OVERSIGHT ON COMPLAINT OR DIRECTOR’S DETERMINATION.
Section 42-1711 - DEFINITIONS.
Section 42-1716 - NOTICE OF COMPLETION — FILING OF SUPPLEMENTARY DRAWINGS OR DESCRIPTIVE MATTER.
Section 42-1718 - REMEDIAL MEANS FOR PROTECTION OF LIFE AND PROPERTY.
Section 42-1719 - ISSUANCE OF CERTIFICATES OF APPROVAL — REVOCATION — APPEAL.
Section 42-1720 - VIOLATIONS OF CHAPTER — PENALTIES.
Section 42-1730 - STATEMENT OF PURPOSE.
Section 42-1731 - DEFINITIONS.
Section 42-1732 - IDAHO WATER RESOURCE BOARD.
Section 42-1733 - ORGANIZATION.
Section 42-1734 - POWERS AND DUTIES.
Section 42-1734A - COMPREHENSIVE STATE WATER PLAN.
Section 42-1734B - BOARD PROCEDURES FOR ADOPTING A COMPREHENSIVE STATE WATER PLAN.
Section 42-1734C - STATUS OF COMPREHENSIVE STATE WATER PLAN BEFORE FEDERAL AGENCIES.
Section 42-1734D - DESIGNATION OF INTERIM PROTECTED RIVERS.
Section 42-1734F - RIGHTS NOT AFFECTED.
Section 42-1734G - WATER RIGHTS.
Section 42-1734H - DESIGNATION OF PARTICULAR RIVERS AS INTERIM PROTECTED RIVERS.
Section 42-1734I - DESIGNATION UNDER FEDERAL LAW.
Section 42-1735 - APPOINTMENT OF COUNSEL — HEARING OFFICERS.
Section 42-1736B - WATER RESOURCE POLICY ACTIONS.
Section 42-1738 - VESTED WATER RIGHTS PROTECTED — POLICY OF PROJECT OPERATION AFTER PAY-OUT DEFINED.
Section 42-1739 - BOND AUTHORIZATION.
Section 42-1742 - SPECIAL FUNDS.
Section 42-1746 - FUNDING, REFUNDING BONDS.
Section 42-1747 - TAX EXEMPTION.
Section 42-1748 - CONSTRUCTION OF ACT.
Section 42-1749 - COMPELLING ISSUANCE.
Section 42-1750 - REVOLVING FUND — PUBLIC POLICY AND PURPOSE.
Section 42-1751 - DEFINITIONS.
Section 42-1752 - ESTABLISHMENT OF IDAHO WATER RESOURCE BOARD REVOLVING DEVELOPMENT FUND.
Section 42-1753 - SOURCE OF FUND.
Section 42-1754 - ALLOCATION OF FUND.
Section 42-1755 - PROJECTS — PLANS AND COST ESTIMATES — REPAYMENT CONTRACTS — TITLE.
Section 42-1757 - MEMBERS OF BOARD — CONFLICTS OF INTEREST.
Section 42-1758 - RULES AND REGULATIONS.
Section 42-1759 - ANNUAL REPORT AND FINANCIAL STATEMENT TO GOVERNOR AND LEGISLATURE.
Section 42-1760 - WATER MANAGEMENT ACCOUNT.
Section 42-1761 - WATER SUPPLY BANK CREATED.
Section 42-1762 - RULES AND REGULATIONS — ACQUISITION OF WATER RIGHTS.
Section 42-1763 - RENTALS FROM BANK — APPROVAL BY DIRECTOR.
Section 42-1765 - LOCAL COMMITTEES — RENTAL OF STORED WATER — APPORTIONMENT OF RENTAL PROCEEDS.
Section 42-1765A - LEMHI RIVER BASIN — LOCAL RENTAL COMMITTEE.
Section 42-1766 - APPEALS PROCEDURE FOR WATER RIGHT HOLDERS.
Section 42-1775 - DECLARATION OF POLICY AND PURPOSE.
Section 42-1776 - WATER RESOURCES CONSERVATION AND DEVELOPMENT TRUST ACCOUNT.
Section 42-1777 - WATER RESOURCES ADJUDICATION FUND.
Section 42-1778 - WATER RIGHTS ENFORCEMENT ACCOUNT.
Section 42-1779 - STATEWIDE COMPREHENSIVE AQUIFER PLANNING AND MANAGEMENT EFFORT.