Idaho Administrative Code
Title IDAPA 61 - Public Defense Commission, State
Rule 61.01.03 - RECORDS, REPORTING, AND REVIEW
Section 61.01.03.060 - REVIEW OF WILLFUL AND MATERIAL DEFICIENCY DECISIONS

a. A county is using a Defending Attorney who has been removed from the applicable PDC Roster for the reasons set forth in IDAPA 61.01.02, "Requirements and Procedures for Representing Indigent Persons," Subsection 080.03; or (4-6-23)T

b. A county has not complied with or responded to a notice of Deficiency within thirty (30) days of the date of such notice; (4-6-23)T

c. If the Commission issues an emergency order to remedy Willful and Material Deficiencies, the Commission will notify the county of its order. The Commission's order will include a statement of the immediate danger and is effective immediately; (4-6-23)T

d. A county may challenge the Commission's emergency order to remedy Willful and Material Deficiencies hereunder by submitting a notice of appeal and all supporting documentation within fourteen (14) days of the date of the Commission's order; (4-6-23)T

e. The Commission will review any timely challenge and issue an emergency decision within twenty-eight (28) days of receipt of timely filed notice and materials. The Commission may base its decision on a written record or elect to hold a hearing. (4-6-23)T

a. If the county is subject to a Commission order to remedy Willful and Material Deficiencies for reasons other than set forth in Subsection 060.01 of these rules, the county may appeal the order by submitting a notice of appeal and all supporting documentation within twenty-one (21) days of the Commission's order. (4-6-23)T

b. A hearing officer appointed by the Commission will review a timely appeal and issue a recommended order to the Commission. (4-6-23)T

c. The Commission will issue a final agency order adopting or rejecting the recommended order, or take other action deemed appropriate by the Commission. (4-6-23)T