Idaho Admin. Code r. 62.01.01.628

Current through September 2, 2024
Section 62.01.01.628 - ORDERS REGARDING COSTS AND/OR FEES
01.Scope of Rule. This rule provides procedures for considering requests for costs and/or fees (including attorneys' fees) when an agency has authority to award costs and/or fees under other provisions of law. This rule is not a source of authority for awarding costs and/or fees.
02.Filing of Motions for Awards of Costs and/or Fees. Unless otherwise provided by statute, rule, or order:
a. Procedure. Upon the issuance of a final order, any party seeking an award of costs and/or fees must file a motion within fourteen (14) days of the service date of the final order. The request must state the basis for which fees or costs may be awarded. Any opposition to the motion must be made within fourteen (14) days. Upon the making of such a motion, the agency head may issue an order upon the motion, or assign resolution of the motion to the presiding officer. Any order regarding a request for an award of costs and/or fees shall be final and subject to judicial review pursuant to Sections 67-5270 through 67-5279, Idaho Code. The filing of any motion for an award of costs and/or fees, and any proceedings thereon, do not extend, alter, or stay any other deadlines in the contested case proceeding.
b. Interlocutory requests. Motions for awards of costs and/or fees made prior to the issuance of a final order will not be ruled upon prior to the issuance of the final order, but will instead be deemed filed as of the date of the final order.
03.Orders Granting or Denying Costs and/or Fees. Every order granting or denying a request for costs and/or fees must cite the statutes or rules under which the determination of the request for costs and/or fees has been made.

Idaho Admin. Code r. 62.01.01.628

Effective July 1, 2024