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 37.01.01.412 - SCOPE OF AUTHORITY OF HEARING OFFICERS

Universal Citation: ID Admin Code 37.01.01.412

Current through September 2, 2024

The scope of hearing officers' authority may be restricted in the appointment by the agency.

01. Scope of Authority. Unless specified in an order from the agency, hearing officers have the authority to:

a. Decide petitions to intervene and motions;

b. Schedule cases assigned to the hearing officer, including authority to issue notices of default, of prehearing conference and of hearing;

c. Schedule and compel discovery, when discovery is authorized before the agency, and to require advance filing of expert testimony, when authorized before the agency;

d. Consider stipulations and settlements;

e. Preside at and conduct conferences and hearings, accept evidence into the record, rule upon objections to evidence, rule on dispositive motions, and otherwise oversee the orderly presentation of evidence at hearing in accordance with these Rules; and

f. Issue a written decision for a contested case, including a narrative of the proceedings, findings of fact, conclusions of law, and a recommended or preliminary order.

02. Limitation. The hearing officer's scope of authority may be limited from the standard scope, either in general, or for a specific proceeding.

Effective March 18, 2022

Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.