Idaho Admin. Code r. 62.01.01.252

Current through September 2, 2024
Section 62.01.01.252 - SCOPE OF AUTHORITY OF PRESIDING OFFICERS
01.Standard Scope of Authority. Unless otherwise limited by statute, rule, or in the appointment by the agency, presiding officers have the following standard scope of authority:
a. Authority to schedule cases assigned to the presiding officer, including authority to issue notices of prehearing conference and of hearing, as appropriate;
b. Authority to schedule and compel discovery, when discovery is authorized before the agency, and to require advance filing of expert testimony, when authorized before the agency;
c. Authority to preside at and conduct hearings, accept evidence into the record, rule upon objections to evidence, and otherwise oversee the orderly presentations of the parties at hearing; and
d. Authority to issue a written decision of the presiding officer, including a narrative of the proceedings before the presiding officer and findings of fact, conclusions of law, and recommended or preliminary orders by the presiding officer.
02.Change in Scope of Authority. Except as prohibited by statute or rule, at any time prior to hearing, a presiding officer's scope of authority in a proceeding may be increased or limited by written directive of the agency head. Such change in the scope of authority shall be made on the agency head's initiative alone, and no motion to the presiding officer requesting a change in the scope of their authority will be permitted.

Idaho Admin. Code r. 62.01.01.252

Effective July 1, 2024