Idaho Admin. Code r. 38.04.08.403

Current through September 2, 2024
Section 38.04.08.403 - APPEALS
01.Time for Appeal. The individual or the organization or entity submitting an application may request that the Department initiate a contested case within the period set forth below. The Department will not initiate a contested case after the following periods:
a. Seven (7) State Business Days following the written denial of an application for a Permit;
b. Seven (7) State Business Days following the revocation of a Permit; and
c. Seven (7) State Business Days following the date the Department was required to approve or deny the application for a Permit pursuant to Section 401 of these rules.
02.Requesting an Appeal. The individual or the organization or entity submitting an application shall request an appeal in writing, with a physical copy delivered to the Director at the street address set forth on the Department's website containing the following:
a. The name, address, and contact information of the appellant;
b. A concise statement of the reason the appeal should be granted;
c. Whether the appellant requests informal disposition to expedite the contested case; and
d. A description of the Permit sought.
03.Informal Disposition. If an appellant requests informal disposition, the Director will accept written evidence submitted within five (5) State Business Days of the appeal request, or as otherwise agreed by the Director and the appellant. The Director will issue a final written order affirming, reversing or modifying the denial or revocation of the Permit.
04.Contested Cases. If an appellant does not request informal disposition, the Director will schedule a hearing and proceed as set forth in chapter 52, title 67, Idaho Code. Contested cases will be governed by the provisions of IDAPA 04.11.01, "Idaho Rules of Administrative Procedure of the Attorney General."
05.Judicial Review. Judicial review of orders issued in an appeal is provided as set forth in chapter 52, title 67, Idaho Code.

Idaho Admin. Code r. 38.04.08.403

Effective April 6, 2023