67-5281. CHIEF ADMINISTRATIVE HEARING OFFICER — APPOINTMENT — QUALIFICATIONS — REMOVAL — SALARY. (1) A chief administrative hearing officer shall be appointed by the governor and confirmed by the senate to serve a four (4) year term. A person may be reappointed to serve additional terms. Provided, however, there is no right to reappointment.
(2) The chief administrative hearing officer must meet the following qualifications on the effective date of his appointment:
(a) Be at least thirty (30) years of age;
(b) Be a citizen of the United States;
(c) Have held a license to practice law or held a judicial office in one (1) or more jurisdictions of the United States for at least five (5) continuous years immediately preceding such appointment; and
(d) Be or become an active member of the Idaho state bar within one (1) year of appointment and remain an active member in good standing thereafter.
(3) If the chief administrative hearing officer resigns, dies, or is removed from office as provided in this section, the governor shall appoint a person who meets the qualifications established in this section, subject to confirmation by the senate, to fill the unexpired term.
(4) The chief administrative hearing officer may be removed from office by the governor for failing to retain those qualifications of his office established in subsection (2) of this section, for engaging in prohibited conduct established in section 67-5282(2), Idaho Code, or for good cause shown. Before such removal, the governor shall give the chief administrative hearing officer a written copy of the charges against him, provide him an opportunity to submit a response no fewer than fourteen (14) calendars days thereafter, and may provide him such other process as the governor deems appropriate. If the chief administrative hearing officer is removed, the governor shall provide the house of representatives and the senate written notice of the removal, the effective date of removal, and the reason or reasons therefor.
History:
[67-5281, added 2022, ch. 287, sec. 6, p. 915.]
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.