Idaho Administrative Code
Title IDAPA 37 - Water Resources, Department of
Rule 37.01.01 - RULES OF PROCEDURE OF THE IDAHO DEPARTMENT OF WATER RESOURCES
Section 37.01.01.002 - DEFINITIONS
Current through August 31, 2023
01. Agency. The Idaho Department of Water Resources or the Idaho Water Resource Board acting within their respective authority to determine contested cases. The term "agency" may include the Director of the Department, members of the Board, employees of the Department or Board, and any duly appointed hearing officers. (3-18-22)
02. Agency Action. Agency action means: (3-18-22)
03. Agency Head. The Board or Director of the Department. (3-18-22)
04. Board. The Idaho Water Resource Board. (3-18-22)
05. Contested Case. A formal or informal proceeding which results in the issuance of an order. (3-18-22)
06. Department. The Idaho Department of Water Resources. (3-18-22)
07. Director. The director of the Idaho Department of Water Resources. (3-18-22)
08. Exceptions. A petition asking the agency head to review a recommended or preliminary order. (3-18-22)
09. Hearing Officer. A hearing officer is a person other than the agency head appointed to preside over a formal proceeding in a contested case on behalf of the agency. Agency heads are not hearing officers, even if they are presiding at contested cases. The term "hearing officer" as used in these rules refers only to officers subordinate to the agency head. (3-18-22)
10. License. The whole or part of any agency permit, license, approval, or similar form of authorization required by law, but does not include a license required solely for revenue purposes. (3-18-22)
11. Order. An agency action of particular applicability that determines the legal rights, duties, privileges, immunities, or other legal interests of one (1) or more specific persons. (3-18-22)
12. Party. Each person named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, including an applicant, petitioner, respondent, protestant or intervenor. (3-18-22)
13. Person. Any individual, partnership, corporation, association, governmental subdivision, or public or private organization or entity of any character. (3-18-22)
14. Petition. A pleading requesting a modification, amendment or stay of an existing order of the agency, the clarification, declaration or construction of the law administered by the agency, the clarification, declaration or construction of a person's rights or obligations under law administered by the agency, rehearing of a contested case, or intervention, or to otherwise request the agency take action that will result in the issuance of an order. (3-18-22)
15. Presiding Officer. One (1) or more members of the Board, the Director, or duly appointed hearing officer presiding over a formal proceeding as authorized by statute or rule. When more than one (1) member of the Board conducts a formal proceeding, they may all jointly be presiding officers or may designate one (1) of them to be the presiding officer. (3-18-22)
16. Protest. A pleading opposing or seeking to alter the outcome of an application. (3-18-22)
17. Response. A pleading responding to a motion or petition. (3-18-22)
