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 August 31, 2023
The scope of hearing officers' authority may be restricted in the appointment by the agency. (3-18-22)
01. Scope of Authority. Unless specified in an order from the agency, hearing officers have the authority to: (3-18-22)
a. Decide petitions to intervene and
motions; (3-18-22)
b. Schedule
cases assigned to the hearing officer, including authority to issue notices of
default, of prehearing conference and of hearing; (3-18-22)
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; (3-18-22)
d. Consider stipulations and settlements;
(3-18-22)
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
(3-18-22)
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.
(3-18-22)
02. Limitation. The hearing officer's scope of authority may be limited from the standard scope, either in general, or for a specific proceeding. (3-18-22)
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