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 Hearings before the OAH

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 have not yet been 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 IRAP are located here: Idaho Rules of Administrative Procedure of the Attorney General (current as of March 21, 2022)