Idaho § 42-1701A - Hearings before director - Appeals

§ 42-1701A. Hearings before director - Appeals

(1) All hearings required by law to be held before the director of the department of water resources shall be conducted in accordance with the provisions of chapter 52, title 67 , Idaho Code, and rules of procedure promulgated by the director.

(2) The director, in his discretion, may direct that a hearing be conducted by a hearing officer appointed by the director. In such event, the hearing officer shall have the duty to make a complete record of the evidence presented and duly received at the hearing and to prepare a recommended or preliminary order in accordance with chapter 52, title 67 , Idaho Code, and rules of procedure promulgated by the director.

(3) Unless the right to a hearing before the director or the water resource board is otherwise provided by statute, any person aggrieved by any action of the director, including any decision, determination, order or other action, including action upon any application for a permit, license, certificate, approval, registration, or similar form of permission required by law to be issued by the director, who is aggrieved by the action of the director, and who has not previously been afforded an opportunity for a hearing on the matter shall be entitled to a hearing before the director to contest the action. The person shall file with the director, within fifteen (15) days after receipt of written notice of the action issued by the director, or receipt of actual notice, a written petition stating the grounds for contesting the action by the director and requesting a hearing. The director shall give such notice of the petition as is necessary to provide other affected persons an opportunity to participate in the proceeding. The hearing shall be held and conducted in accordance with the provisions of subsections (1) and (2) of this section. Judicial review of any final order of the director issued following the hearing shall be had pursuant to subsection (4) of this section.

(4) Any person who is aggrieved by a final decision or order of the director is entitled to judicial review. The judicial review shall be had in accordance with the provisions and standards set forth in chapter 52, title 67 , Idaho Code.

(5) The director shall not issue an order establishing a new or revised methodology for determining material injury under the rules for conjunctive management of surface and ground water resources without first giving affected persons notice and an opportunity to request a hearing in accordance with section 67-5242 , Idaho Code, prior to issuance of such order, except in emergency proceedings under section 67-5247 , Idaho Code, or informal disposition under section 67-5241 , Idaho Code. Any final order issued pursuant to this subsection shall be issued no later than December 1 prior to the year such order takes effect. If a hearing is held pursuant to this subsection, any person aggrieved by the final order shall not be entitled to a hearing as provided in subsection (3) of this section. This subsection shall not apply to any orders that implement or apply the methodology steps for purposes of conjunctive water right administration.

[42-1701A, added 1980, ch. 238, sec. 1, p. 526; am. 1993, ch. 216, sec. 36, p. 619; am. 1994, ch. 450, sec. 2, p. 1435; am. 2003, ch. 138, sec. 1, p. 403; am. 2025, ch. 128, sec. 1, p. 662.]