Section 04.11.01.413 - SCOPE OF AUTHORITY OF HEARING OFFICERSThe scope of hearing officers' authority may be restricted in the appointment by the agency. (3-31-22)
01.Scope of Authority. Unless the agency otherwise provides hearing, officers have the standard scope of authority, which is: (3-31-22)a. Authority to schedule cases assigned to the hearing officer, including authority to issue notices of prehearing conference and of hearing, as appropriate; (3-31-22)b. Authority to schedule and compel discovery, when discovery is authorized before the agency, and to require advance filing of expert testimony, when authorized before the agency; (3-31-22)c. Authority to preside at and conduct hearings, accept evidence into the record, rule upon objections to evidence, and otherwise oversee the orderly presentations of the parties at hearing; and (3-31-22)d. Authority to issue a written decision of the hearing officer, including a narrative of the proceedings before the hearing officer and findings of fact, conclusions of law, and recommended or preliminary orders by the hearing officer. (3-31-22)02.Limitation. The hearing officer's scope of authority may be limited from the standard scope, either in general, or for a specific proceeding. For example, the hearing officer's authority could be limited to scope Rule 413.01.c. (giving the officer authority only to conduct hearing), with the agency retaining all other authority. Hearing officers may be given authority with regard to the agency's rules as provided in Rule 416. (3-31-22)Idaho Admin. Code r. 04.11.01.413