Current through September 2, 2024
Section 62.01.01.633 - VOIDING OF ORDERS01.Notice. Any notice to the Chief Administrative Hearing Officer pursuant to Section 67-5283(2)(b), Idaho Code, regarding the alleged failure of an independent contract hearing officer to comply with the requirements of Section 67-5283(2)(a), must be submitted in writing to, and received by, the Chief Administrative Hearing Officer within thirty (30) days of the issuance of the independent contract hearing officer's order, and should state whether the order involves a financial transaction and whether the noticing party requests a stay of the independent contract hearing officer's order.02.Stay. If the Chief Administrative Hearing Officer determines that the independent contract hearing officer's order involves, or may involve, a financial transaction, the Chief Administrative Officer may promptly issue a stay of the independent contract hearing officer's order for the duration of the investigation, which shall be served on all parties to the contested case.03.Investigation. a. An investigation into an independent contract hearing officer's alleged failure to comply with the requirements of Section 67-5283(2)(a), Idaho Code, may be conducted by either the Chief Administrative Hearing Officer or any person contracted by them to conduct such investigation or a portion thereof.b. The independent contract hearing officer being investigated shall promptly comply with all information and documentation requests made by the Chief Administrative Hearing Officer or their designee related to the alleged failure to comply.04.Determination. Within fourteen (14) days of the notice regarding an alleged failure of an independent contract hearing officer to comply with the requirements of Section 67-5283(2)(a), Idaho Code, the Chief Administrative Hearing Officer shall issue a determination in writing of their findings and conclusions, which shall be served on all parties to the contested case. Upon issuance of a determination, any stay will automatically dissolve.05.Voiding of Order. If the Chief Administrative Hearing Officer's written determination finds a failure to comply has occurred, or where an independent contract hearing officer fails to cooperate in an investigation as to whether they failed to comply, the Chief Administrative Hearing Officer shall declare the independent contract hearing officer's order void and of no effect. The Chief Administrative Hearing Officer's investigation, determination, and voiding of an order pursuant to Section 67-5283(2)(b), Idaho Code, does not constitute a contested case proceeding under the APA, and is not an appealable agency order.06.Reassignment. If the Chief Administrative Hearing Officer's written determination finds a failure to comply has occurred, the Chief Administrative Hearing Officer shall promptly reassign the contested case to another hearing officer for completion of the contested case.Idaho Admin. Code r. 62.01.01.633