Current through September 2, 2024
Section 62.01.01.727 - PROCEEDINGS01.Determination Of Need For Hearing. The presiding officer shall have thirty (30) days to determine if a hearing on the petition for declaratory ruling is needed.02.No Hearing Needed. If the presiding officer determines that a decision can be rendered on the face of the petition without hearing or further proceedings, the presiding officer shall thereafter render, as soon as practicable, a preliminary or recommended order reflecting the determination that no hearing is needed and the reasons therefor, and the declaratory ruling. If the presiding officer is an agency head, the order reflecting the determination that no hearing is needed and the reasons therefor, and declaratory ruling, shall issue as a final order.03.Hearing Needed. If a presiding officer determines that a hearing is needed, the petitioner, the agency, and any other interested persons shall be notified, and a hearing upon the petition shall be held as soon as practicable. A declaratory hearing shall be conducted utilizing the contested case proceeding rules herein, and a preliminary or recommended order setting forth the declaratory ruling shall be issued as soon as practicable after the hearing. If the presiding officer is an agency head, the order reflecting the declaratory ruling shall issue as a final order.Idaho Admin. Code r. 62.01.01.727