67-5252. PRESIDING OFFICER — DISQUALIFICATION. (1) Except as provided in subsection (4) of this section, any party shall have the right to one (1) disqualification without cause of any person serving or designated to serve as presiding officer, and any party shall have a right to move to disqualify for bias, prejudice, interest, substantial prior involvement in the matter other than as a presiding officer, status as an employee of the agency hearing the contested case, lack of professional knowledge in the subject matter of the contested case, or any other cause provided in this chapter or any cause for which a judge is or may be disqualified.
(2) Any party may petition for the disqualification of a person serving or designated to serve as presiding officer:
(a) Within fourteen (14) days after receipt of notice indicating that the person will preside at the contested case; or
(b) Promptly upon discovering facts establishing grounds for disqualification, whichever is later.
Any party may assert a blanket disqualification for cause of all employees of the agency hearing the contested case, other than the agency head, without awaiting designation of a presiding officer.
(3) A person whose disqualification for cause is requested shall determine in writing whether to grant the petition, stating facts and reasons for the determination.
(4) When disqualification of the agency head or a member of the agency head would result in an inability to decide a contested case, the actions of the agency head shall be treated as a conflict of interest under the provisions of section 74-404, Idaho Code.
(5) When a decision is required to be rendered within fourteen (14) weeks of the date of a request for a hearing by state or federal statutes or rules and regulations, or when the presiding officer is the chief administrative hearing officer or appointed by the chief administrative hearing officer as defined in section 67-5201, Idaho Code, no party shall have the right to a disqualification without cause.
History:
[67-5252, added 1992, ch. 263, sec. 37, p. 809; am. 1993, ch. 216, sec. 109, p. 677; am. 2015, ch. 141, sec. 177, p. 519; am. 2022, ch. 287, sec. 4, p. 914.]
Structure Idaho Code
Title 67 - STATE GOVERNMENT AND STATE AFFAIRS
Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT
Section 67-5201 - DEFINITIONS.
Section 67-5202 - OFFICE OF THE ADMINISTRATIVE RULES COORDINATOR.
Section 67-5203 - PUBLICATION OF ADMINISTRATIVE BULLETIN.
Section 67-5204 - PUBLICATION OF ADMINISTRATIVE CODE.
Section 67-5205 - FORMAT — COSTS — DISTRIBUTION — FUNDS.
Section 67-5206 - PROMULGATION OF RULES IMPLEMENTING ADMINISTRATIVE PROCEDURE ACT.
Section 67-5207 - SHORT TITLE.
Section 67-5220 - NOTICE OF INTENT TO PROMULGATE RULES — NEGOTIATED RULEMAKING.
Section 67-5221 - PUBLIC NOTICE OF PROPOSED RULEMAKING.
Section 67-5222 - PUBLIC PARTICIPATION.
Section 67-5223 - INTERIM LEGISLATIVE REVIEW — STATEMENT OF ECONOMIC IMPACT.
Section 67-5224 - PENDING RULE — FINAL RULE — EFFECTIVE DATE.
Section 67-5225 - RULEMAKING RECORD.
Section 67-5226 - TEMPORARY RULES.
Section 67-5227 - VARIANCE BETWEEN PENDING RULE AND PROPOSED RULE.
Section 67-5228 - EXEMPTION FROM REGULAR RULEMAKING PROCEDURES.
Section 67-5229 - INCORPORATION BY REFERENCE.
Section 67-5230 - PETITION FOR ADOPTION, AMENDMENT, REPEAL, OR WAIVER OF RULES.
Section 67-5231 - INVALIDITY OF RULES NOT ADOPTED IN COMPLIANCE WITH THIS CHAPTER — TIME LIMITATION.
Section 67-5232 - DECLARATORY RULINGS BY AGENCIES.
Section 67-5240 - CONTESTED CASES.
Section 67-5241 - INFORMAL DISPOSITION.
Section 67-5242 - PROCEDURE AT HEARING.
Section 67-5243 - ORDERS NOT ISSUED BY AGENCY HEAD.
Section 67-5244 - REVIEW OF RECOMMENDED ORDERS.
Section 67-5245 - REVIEW OF PRELIMINARY ORDERS.
Section 67-5246 - FINAL ORDERS — EFFECTIVENESS OF FINAL ORDERS.
Section 67-5247 - EMERGENCY PROCEEDINGS.
Section 67-5248 - CONTENTS OF ORDERS.
Section 67-5249 - AGENCY RECORD.
Section 67-5250 - INDEXING OF PRECEDENTIAL AGENCY ORDERS — INDEXING OF AGENCY GUIDANCE DOCUMENTS.
Section 67-5251 - EVIDENCE — OFFICIAL NOTICE.
Section 67-5252 - PRESIDING OFFICER — DISQUALIFICATION.
Section 67-5253 - EX PARTE COMMUNICATIONS.
Section 67-5254 - AGENCY ACTION AGAINST LICENSEES.
Section 67-5255 - DECLARATORY RULINGS BY AGENCIES.
Section 67-5270 - RIGHT OF REVIEW.
Section 67-5271 - EXHAUSTION OF ADMINISTRATIVE REMEDIES.
Section 67-5272 - VENUE — FORM OF ACTION.
Section 67-5273 - TIME FOR FILING PETITION FOR REVIEW.
Section 67-5275 - AGENCY RECORD FOR JUDICIAL REVIEW.
Section 67-5276 - ADDITIONAL EVIDENCE.
Section 67-5277 - JUDICIAL REVIEW OF ISSUES OF FACT.
Section 67-5278 - DECLARATORY JUDGMENT ON VALIDITY OR APPLICABILITY OF RULES.
Section 67-5279 - SCOPE OF REVIEW — TYPE OF RELIEF.
Section 67-5280 - CREATION OF OFFICE OF ADMINISTRATIVE HEARINGS — POWERS AND DUTIES.
Section 67-5282 - DUTIES AND PROHIBITED CONDUCT OF THE CHIEF ADMINISTRATIVE HEARING OFFICER.
Section 67-5283 - HEARING OFFICER QUALIFICATIONS — POWERS — DUTIES.
Section 67-5284 - COOPERATION OF AGENCIES.
Section 67-5286 - CONDUCT OF CONTESTED CASE PROCEEDINGS.