67-5283. HEARING OFFICER QUALIFICATIONS — POWERS — DUTIES. (1) The chief administrative hearing officer and hearing officers appointed by the chief administrative hearing officer shall:
(a) On the effective date of their appointments and throughout their tenure, meet and retain all of the qualifications specified in section 67-5281(2), Idaho Code;
(b) Take the oath of office as prescribed in chapter 4, title 59, Idaho Code;
(c) Comply with the hearing officer code of conduct;
(d) Not engage in the conduct prohibited in section 67-5282(2), Idaho Code. Provided, however, to the extent that it does not create a conflict of interest, the code of conduct may be waived for some or all of these prohibitions for contractor hearing officers; and
(e) Be deemed the presiding officers of contested case proceedings and other proceedings conducted by the office of administrative hearings and assigned to them and have the power to issue subpoenas, administer oaths, control the course of the proceedings, order the use of alternative dispute resolution with the parties’ consent, enter such awards for costs and attorney’s fees as authorized by law, and perform other necessary and appropriate acts in the performance of their duties with respect to such cases.
(2)(a) Independent contractors may be hired as hearing officers without the limitation on outside work or outside practice of law, provided that:
(i) A disclosure is filed with the chief administrative hearing officer that states in what other outside work the independent contractor is engaged;
(ii) The independent contractor does not engage in outside work presenting a conflict of interest; and
(iii) The independent contractor discloses such other information as required by the code of conduct.
(b) If a failure to comply with the requirements of this subsection by an independent contractor is brought to the attention of the chief administrative hearing officer within thirty (30) days of the issuance of the independent contractor hearing officer’s order, the chief administrative hearing officer shall declare such order void and of no effect within fourteen (14) days. The chief administrative hearing officer shall be permitted to issue a stay while he investigates the issue of failure to comply if the order involves a financial transaction.
(3) Those individuals serving as hearing officers in the office of the attorney general for department of health and welfare contested case hearings on December 31, 2023, shall have the option to be appointed hearing officers when the office of administrative hearings begins conducting such hearings on January 1, 2024, as provided by section 67-5286, Idaho Code, if they meet the hearing officer qualifications requirements set forth in this section and if such hearing officer positions are available in the office of administrative hearings on an employment or independent contractor basis.
History:
[67-5283, added 2022, ch. 287, sec. 8, p. 916.]
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.