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 37.01.01.740 - FINAL ORDERS
Universal Citation: ID Admin Code 37.01.01.740
Current through August 31, 2023
01. Definition. Final orders are preliminary orders that have become final pursuant to Section 67-5245, Idaho Code, or orders issued by the agency head pursuant to Section 67-5246, Idaho Code, or emergency orders, including cease and desist or show cause orders, issued by the agency head pursuant to Section 67-5247, Idaho Code. (3-18-22)
02. Content. Every final order issued by the agency head must contain or be accompanied by a document containing the following, or substantially similar, paragraphs: (3-18-22)
a. This is a final order of the
agency. (3-18-22)
b. Any party may
file a petition for reconsideration of this final order within fourteen (14)
days of the service date of this order. The agency will dispose of the petition
for reconsideration within twenty-one (21) days of its receipt, or the petition
will be considered denied by operation of law. See Section
67-5246(4), Idaho
Code. (3-18-22)
c. Pursuant to
Section 42-1701A(3),
Idaho Code, unless the right to a hearing before the Director or the Board is
otherwise provided by statute, any person aggrieved by any action of the
Director, including any decision, determination, order or other action,
including action upon any application for a permit, license, certificate,
approval, registration, or similar form of permission required by law to be
issued by the Director, who is aggrieved by the action of the Director, and who
has not previously been afforded an opportunity for a hearing on the matter
shall be entitled to a hearing before the Director to contest the action. The
person shall file with the Director, within fifteen (15) days after receipt of
written notice of the action issued by the Director, or receipt of actual
notice, a written petition stating the grounds for contesting the action by the
Director and requesting a hearing. This order shall not be subject to judicial
review in district court if a request for hearing under Section
42-1701A(3),
Idaho Code is filed with the Department within the time prescribed for filing a
petition for reconsideration. (3-18-22)
d. Pursuant to Sections
67-5270 and
67-5272, Idaho Code, any party
aggrieved by this final order or orders previously issued in this case shall be
deemed to have exhausted all administrative remedies and may file a petition
for judicial review of this final order and all previously issued orders in
this case to district court by filing a petition in the district court of the
county in which: (3-18-22)
i. A hearing was
held; (3-18-22)
ii. The final
agency action was taken; (3-18-22)
iii. The party seeking review of the order
resides; or (3-18-22)
iv. The real
property or personal property that was the subject of the agency action is
located. (3-18-22)
e. A
petition for judicial review must be filed within twenty-eight (28) days (a) of
the service date of this final order, (b) of an order denying petition for
reconsideration, or (c) the failure within twenty-one (21) days to grant or
deny a petition for reconsideration, whichever is later. See Section
67-5273, Idaho Code, and Rule
84 of the Idaho Rules of Civil
Procedure. The filing of a petition for judicial review does not stay the
effectiveness or enforcement of the order under review.
(3-18-22)
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.
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