Current through August 31, 2023
01.
Request. An application for
remission of fine or penalty must be made to the Commission. (3-23-22)
a. The application must be in writing.
(3-23-22)
b. The application must
outline the reasons action is requested to remit such fine or penalty.
(3-23-22)
c. The applicant must
submit a certified copy of the judgment or order assessing said fine or penalty
. (3-23-22)
02.
Review. The Commission will review the application to remit a fine or
penalty. (3-23-22)
a. The Commission will
usually review such application on a month designated as a quarterly session.
The review will be conducted by the full Commission. (3-23-22)
b. The Commission will conduct such review in
executive session. (3-23-22)
c. Any
application may be continued for further consideration or additional
information. (3-23-22)
d. The
Commission will determine whether a hearing will be granted and the applicant
will be notified of the decision in writing. (3-23-22)
03.
Hearing. The scheduling of a
hearing is at the complete discretion of the Commission. (3-23-22)
a. If a hearing is scheduled, the Commission
will determine the date of the hearing. (3-23-22)
b. If a hearing is scheduled, notice of the
hearing will be published in a newspaper of general circulation at Boise,
Idaho, at least once a week for four (4) consecutive weeks immediately prior to
the hearing. (3-23-22)
c. A copy of
the notice of publication will be mailed to the prosecuting attorney of the
county from which the petitioner was sentenced. (3-23-22)
d. Written notice of the hearing date, time,
and location will be sent to the applicant at the last known address. (3-23-22)
i. The Commission shall make such appearance
mandatory or may deny the remission of fine or penalty. (3-23-22)
ii. The Commission may continue the hearing
to a later date for any reason. (3-23-22)
04.
Satisfaction of Judgment. If
the Commission determines that such fine or penalty is to be remitted, an
official document of such action will be submitted to the clerk of the court
where said fine or penalty was assessed, and this will constitute a
satisfaction of the judgment. The decision and supporting documents regarding a
remission of fine or penalty will be filed with the Secretary of State
consistent with Section
20-1018 Idaho Code.
(3-23-22)
