67-5276. ADDITIONAL EVIDENCE. (1) If, before the date set for hearing, application is made to the court for leave to present additional evidence and it is shown to the satisfaction of the court that the additional evidence is material, relates to the validity of the agency action, and that:
(a) there were good reasons for failure to present it in the proceeding before the agency, the court may remand the matter to the agency with directions that the agency receive additional evidence and conduct additional factfinding.
(b) there were alleged irregularities in procedure before the agency, the court may take proof on the matter.
(2) The agency may modify its action by reason of the additional evidence and shall file any modifications, new findings, or decisions with the reviewing court.
History:
[67-5276, added 1992, ch. 263, sec. 48, p. 813.]
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.