Amends existing law to establish provisions regarding hearing notices and to revise a provision regarding procedure at a hearing.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 520 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT1 RELATING TO THE IDAHO ADMINISTRATIVE PROCEDURE ACT; AMENDING SECTION2 67-5242, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING HEARING NOTICES3 AND TO REVISE A PROVISION REGARDING PROCEDURE AT A HEARING; PROVIDING4 SEVERABILITY; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE5 DATE.6

Be It Enacted by the Legislature of the State of Idaho:7

SECTION 1. That Section 67-5242, Idaho Code, be, and the same is hereby8 amended to read as follows:9 67-5242. HEARING NOTICES AND PROCEDURE AT HEARING. (1) When an agency10 gives a person notice of an opportunity for a contested case hearing for11 which the person is entitled to notice by law, the notice shall:12 (a) Be in writing;13 (b) Set forth the agency action being taken;14 (c) Identify the agency statute or rule authorizing the action;15 (d) Inform the person of the right, procedure, and time limit to file a16 request for hearing; and17 (e) Provide citation to any agency rules and procedures governing the18 contested case hearing.19 (1) (2) In a contested case other than an emergency proceeding Other20 than emergency proceedings held pursuant to section 62-5247, Idaho Code, all21 parties to a contested case hearing shall receive notice that shall include:22 (a) A statement of the time, place, and nature of the hearing;23 (b) A statement of the legal authority under which the hearing is to be24 held; and25 (c) A short and plain statement of the matters asserted or the issues26 involved.27 (2) (3) At the hearing, the presiding officer:28 (a) Shall regulate the course of the proceedings to assure that there29 is a full disclosure of all relevant facts and issues, including such30 cross-examination as may be necessary.31 (b) Shall afford all parties the opportunity to respond and present ev-32 idence and argument on all issues involved, except as restricted by a33 limited grant of intervention or by a prehearing order.34 (c) May give nonparties an opportunity to present oral or written35 statements. If the presiding officer proposes to consider a statement36 by a nonparty, the presiding officer shall give all parties an opportu-37 nity to challenge or rebut it and, on motion of any party, the presiding38 officer shall require the statement to be given under oath or affirma-39 tion.40 (d) Shall cause the hearing to be recorded at the agency's expense. Any41 party, at that party's expense, may have a transcript prepared or may42

2 cause additional recordings to be made during the hearing if the making1 of the additional recording does not cause distraction or disruption.2 (e) May conduct all or part of the hearing by telephone, video confer-3 ence, or other electronic means, if each participant in the hearing has4 an opportunity to participate in the entire proceeding while it is tak-5 ing place.6

SECTION 2. SEVERABILITY. The provisions of this act are hereby declared7 to be severable and if any provision of this act or the application of such8 provision to any person or circumstance is declared invalid for any reason,9 such declaration shall not affect the validity of the remaining portions of10 this act.11

SECTION 3. An emergency existing therefor, which emergency is hereby12 declared to exist, this act shall be in full force and effect on and after13 July 1, 2026.14