Statutes and Rules

OAH’s Statutes

OAH’s enabling statutes are contained in Idaho Code §§67-5280 through -5286. Those statutes are as follows:

Idaho Code § 67-5280 – Creation of Office of Administrative Hearings – Powers and Duties
Idaho Code § 67-2581 – Chief Administrative Hearing Officer – Appointment – Qualifications – Removal – Salary
Idaho Code § 67-5282 – Duties and Prohibited Conduct of the Chief Administrative Hearing Officer
Idaho Code § 67-5283 – Hearing Officer Qualifications – Powers – Duties
Idaho Code § 67-5284 – Cooperation of Agencies
Idaho Code § 67-5285 – Office of Administrative Hearings – Cost Estimates – Assessment of Recipient Agencies
Idaho Code § 67-5286 – Conduct of Contested Case Proceedings

Rules Governing OAH Hearings

Pursuant to Idaho Code §67-5280(2)(c), the OAH is tasked with promulgating rules consistent with state and federal law to implement provisions relating to its duties and actions authorized by the OAH’s enabling statutes. Those rules are currently in the process of being promulgated; in the interim, all proceedings before OAH hearing officers are governed by the Idaho Rules of Administrative Procedure (IDAPA 04.11.01, “Idaho Rules of Administrative Procedure of the Attorney General”).

The current Rules of Administrative Procedure are located here: Idaho Rules of Administrative Procedure of the Attorney General

Rules Governing Certain Hearings

In certain cases, an agency may also have its own rules within the Idaho Administrative Code or by other policy that provide for different or additional requirements for contested cases that OAH hearing officers may preside over. In addition to the Idaho Rules of Administrative Procedure of the Attorney General (above), parties who have matters in front of the following agencies should also be aware of other specific hearing rules or procedures that may apply to their case.

Public Employee Retirement System of Idaho (PERSI) – IDAPA 59.01.01

Idaho Department of Lands – IDAPA 20.01.01

Idaho Department of Administration/Division of Purchasing – IDAPA 38.05.01

Idaho Peace Officer Standards and Training (POST) – Procedure 12.27

Idaho Department of Environmental Quality – IDAPA 58.01.23

State Board of Education – IDAPA 08.02.01

Idaho State Bar – Idaho Bar Commission Rules

Office of the Governor/Division of Human Resources – IDAPA 15.04.01