Idaho Code
Idaho Code § 67-5242 (2026)
Procedure at hearing.
✓ current as of May 2026
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Procedure at hearing.
(1) In a contested case other than an emergency proceeding held pursuant to section 62-5247, Idaho Code, all parties shall receive notice that shall include:
(a) A statement of the time, place, and nature of the hearing;
(b) A statement of the legal authority under which the hearing is to be held; and
(c) A short and plain statement of the matters asserted or the issues involved.
(2) At the hearing, the presiding officer:
(a) Shall regulate the course of the proceedings to assure that there is a full disclosure of all relevant facts and issues, including such cross-examination as may be necessary.
(b) Shall afford all parties the opportunity to respond and present evidence and argument on all issues involved, except as restricted by a limited grant of intervention or by a prehearing order.
(c) May give nonparties an opportunity to present oral or written statements. If the presiding officer proposes to consider a statement by a nonparty, the presiding officer shall give all parties an opportunity to challenge or rebut it and, on motion of any party, the presiding officer shall require the statement to be given under oath or affirmation.
(d) Shall cause the hearing to be recorded at the agency’s expense. Any party, at that party’s expense, may have a transcript prepared or may cause additional recordings to be made during the hearing if the making of the additional recording does not cause distraction or disruption.
(e) May conduct all or part of the hearing by telephone, video conference, or other electronic means, if each participant in the hearing has an opportunity to participate in the entire proceeding while it is taking place.
Notes of Decisions
Cited in 16
cases, 2000–2012 · leading case: Thompson Creek Mining Co. v. Idaho Dep't of Water Resources, 220 P.3d 318 (Idaho 2009).
Thompson Creek Mining Co. v. Idaho Dep't of Water Resources, 220 P.3d 318 (Idaho 2009). “Idaho Code § 67-5242 (3)(d) provides that at an administrative hearing, the presiding officer “[s]hall cause the hearing to be recorded at the agency’s expense.”
Pioneer Irrigation Dist. v. City of Caldwell, 288 P.3d 810 (Idaho 2012). “” Thus, a decision made by an irrigation district pursuant to Section 42-1209 must be the result of a reasonable decision-making process and the determination must be based upon findings. A reasonable decision-making process implicates procedures such as the Legislature has…”
Noble v. Kootenai Cnty., 231 P.3d 1034 (Idaho 2010). “Idaho Code § 67-5242 applies to "contested cases,” and the I.”
Rammell v. Idaho State Dep't of Agric., 210 P.3d 523 (Idaho 2009). “; see also I.C. § 67-5242. The use of the word "may" indicates that the agency head is permitted to delegate authority regarding ruling on whether a regulation is within the scope of the agency's authority but is not required to make such a delegation.”
Gibson v. Ada Cnty., 133 P.3d 1211 (Idaho 2006). “Several motions were filed thereafter, including Gibson’s Motion to Remand to Ada County Board of Commissioners for Creation of an Agency Record with an Evidentiary and Due Process Hearing, Pursuant to Idaho Code § 67-5242 and § 67-5249 and Rule 84, I.”
Laughy v. Idaho Dep't of Transp., 243 P.3d 1055 (Idaho 2010). “In order to be a contested case, it must be processed in accordance with the statutory requirements in Idaho Code sections 67-5242 through 5253. None of those *1066 requirements were complied with in this case.”
Cooper v. Bd. of Prof'l Discipline, 4 P.3d 561 (Idaho 2000). “The Board’s findings and conclusions concerning anything but the November sexual encounter are not justified by general language in the complaint, which alleged “improper, inappropriate, unprofessional and unethical sexual contact or conduct” with J.H. These charges “were…”
Dupont v. Idaho State Bd. of Land Com'rs, 7 P.3d 1095 (Idaho 2000). “§ 67-5209 (now amended and renumbered as I.C. § 67-5242). Additionally, I.C. § 67-5240 defines any proceeding that may result in an order as a contested case, unless otherwise provided.”
Kuna Boxing Club, Inc. v. Idaho Lottery Comm'n, 233 P.3d 25 (Idaho 2009). “” Idaho Code § 67-5242 sets the requirements for a contested case hearing, and provides in relevant part: (3) At the hearing, the presiding officer: (a) Shall regulate the course of the proceedings to assure that there is a full disclosure of all relevant facts and issues,…”
Sons & Daughters of Idaho, Inc. v. Idaho Lottery Comm'n, 156 P.3d 524 (Idaho 2007). “” I.C. § 67-5242(l)(c). The organizations also argue that the decision to revoke USAB’s license was motivated by bias or improper motive, in that the Commission had offered to settle if USAB severed all ties with Tway and Ford but, upon USAB’s refusal, proceeded to revoke the…”
Olsen v. Idaho State Bd. of Med., 363 F.3d 916 (9th Cir. 2004). “Idaho Code § 67-5242 . All orders must be in writing and include findings of fact and statements of available procedures and time limits for reconsideration or administrative relief.”
In Re Wd170, 220 P.3d 318 (Idaho 2009). “Idaho Code § 67-5242 (3)(d) provides that at an administrative hearing, the presiding officer "[s]hall cause the hearing to be recorded at the agency's expense.”
— Idaho Code § 67-5242(1) — 1 case
Cooper v. Bd. of Prof'l Discipline, 4 P.3d 561 (Idaho 2000). “The Board’s findings and conclusions concerning anything but the November sexual encounter are not justified by general language in the complaint, which alleged “improper, inappropriate, unprofessional and unethical sexual contact or conduct” with J.H. These charges “were…”
— Idaho Code § 67-5242(3)(d) — 2 cases
Thompson Creek Mining Co. v. Idaho Dep't of Water Resources, 220 P.3d 318 (Idaho 2009). “Idaho Code § 67-5242 (3)(d) provides that at an administrative hearing, the presiding officer “[s]hall cause the hearing to be recorded at the agency’s expense.”
In Re Wd170, 220 P.3d 318 (Idaho 2009). “Idaho Code § 67-5242 (3)(d) provides that at an administrative hearing, the presiding officer "[s]hall cause the hearing to be recorded at the agency's expense.”
— Idaho Code § 67-5242(l)(c) — 1 case
Sons & Daughters of Idaho, Inc. v. Idaho Lottery Comm'n, 156 P.3d 524 (Idaho 2007). “” I.C. § 67-5242(l)(c). The organizations also argue that the decision to revoke USAB’s license was motivated by bias or improper motive, in that the Commission had offered to settle if USAB severed all ties with Tway and Ford but, upon USAB’s refusal, proceeded to revoke the…”
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