Idaho Administrative Code
Title IDAPA 58 - Environmental Quality, Department of
Rule 58.01.23 - CONTESTED CASE RULES AND RULES FOR PROTECTION AND DISCLOSURE OF RECORDS
Section 58.01.23.730 - PRELIMINARY ORDERS

Universal Citation: ID Admin Code 58.01.23.730

Current through August 31, 2023

01. Board May Review. A preliminary order is an order issued by the presiding officer that will become a final order unless reviewed by the Board pursuant to Section 67-5245, Idaho Code. A preliminary order that becomes a final order is a final agency action and may be subject to judicial review pursuant to Section 39-107(6), Idaho Code. (3-31-22)

02. Content. Every preliminary order will contain the following paragraphs: (3-31-22)

a. This is a preliminary order of the presiding officer and will become final without further action of the Board unless any party appeals to the Board by filing a petition for review of the preliminary order; and (3-31-22)

b. Within fourteen (14) days of the service date of this preliminary order, any party may take exceptions to any part of this preliminary order by filing a petition for review of the preliminary order. Otherwise, this preliminary order will become a final order of the Board. The basis for review must be stated in the petition. The Board may review the preliminary order on its own motion. (3-31-22)

03. Review of Preliminary Orders. If any party files a petition for review of the preliminary order, the Board will allow all parties an opportunity to file briefs in support of or taking exceptions to the preliminary order and may schedule oral argument in the matter before issuing a final order. The hearing coordinator will issue a notice setting out the briefing schedule and date and time for oral argument. The Board will issue a final order within fifty-six (56) days of receipt of the written briefs or oral argument, whichever is later, unless waived or extended by the parties or for good cause shown. The Board may hold additional hearings or may remand the matter for further evidentiary hearings if further factual development of the record is necessary before issuing a final order. (3-31-22)

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