Current through September 2, 2024
Section 50.01.01.600 - REMISSION OF FINE OR PENALTY PURSUANT TO SECTION 20-1004, IDAHO CODE01.Request. An application for remission of fine or penalty must be made to the Commission. The application must be in writing and outline the reasons action is requested. a. The applicant must submit a certified copy of the judgment or order assessing said fine or penalty.02.Review. The Commission will review the application to remit a fine or penalty. a. The Commission will review such application on a month designated as a quarterly session. The review will be conducted by the full Commission.b. The Commission will conduct such review in executive session.c. Any application may be continued for further consideration or additional information.d. The Commission will determine whether a hearing will be granted and the applicant will be notified of the decision in writing.03.Hearing. The scheduling of a hearing is at the complete discretion of the Commission. a. If a hearing is scheduled, the Commission will determine the date of the hearing.b. If a hearing is scheduled, notice of the hearing will be published in a newspaper of general circulation at Boise, Idaho, at least once a week for four (4) consecutive weeks immediately prior to the hearing.c. A copy of the notice of publication will be mailed to the prosecuting attorney of the county from which the petitioner was sentenced.d. Written notice of the hearing date, time, and location will be sent to the applicant at the last known address. i. The Commission shall make such appearance mandatory or may deny the remission of fine or penalty.ii. The Commission may continue the hearing to a later date for any reason.04.Satisfaction of Judgment. If the Commission determines that such fine or penalty is to be remitted, an official document of such action will be submitted to the clerk of the court where said fine or penalty was assessed, and this will constitute a satisfaction of the judgment. The decision and supporting documents regarding a remission of fine or penalty will be filed with the Secretary of State consistent with Section 20-1018 Idaho Code.Idaho Admin. Code r. 50.01.01.600