Idaho Code
Idaho Code

Idaho Code § 67-5243 (2026)

Orders not issued by agency head. 

✓ current as of May 2026
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Orders not issued by agency head. 

(1) If the presiding officer is not the agency head, the presiding officer shall issue either:

(a)  A recommended order, which becomes a final order only after review by the agency head in accordance with section 67-5244, Idaho Code; or
(b)  A preliminary order, which becomes a final order unless reviewed in accordance with section 67-5245, Idaho Code.
(2)  The order shall state whether it is a preliminary order or a recommended order.
(3)  Unless otherwise provided by statute or rule, any party may file a motion for reconsideration of a recommended order or a preliminary order within fourteen (14) days of the service date of that order. The presiding officer shall render a written order disposing of the petition. The petition is deemed denied if the presiding officer does not dispose of it within twenty-one (21) days after the filing of the petition.
Notes of Decisions
Cited in 7 cases, 2003–2020 · leading case: Erickson v. Idaho Bd. of Reg. of Prof'l Engineers & Prof'l Land Surveyors, 203 P.3d 1251 (Idaho 2009).
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Erickson v. Idaho Bd. of Reg. of Prof'l Engineers & Prof'l Land Surveyors, 203 P.3d 1251 (Idaho 2009). · cites it 2× “The order issued on May 12, 2006, meets the definition of a final order. An “order” “means an agency action of particular applicability that determines the legal rights, duties, privileges, immunities, or other legal interests of one (1) or more specific persons.”
Laughy v. Idaho Dep't of Transp., 243 P.3d 1055 (Idaho 2010). · cites it 2× “IDAHO CODE § 67-5243(1) (2001). A recommended order becomes final only after review by the agency head in accordance with Idaho Code § 67-5244 .”
Westway Constr., Inc. v. Idaho Transp. Dep't, 73 P.3d 721 (Idaho 2003). “IDAHO CODE § 67-5243(1) (2001). A recommended order becomes final only after review by the agency head in accordance with Idaho Code § 67-5244 .”
Olsen v. Idaho State Bd. of Med., 363 F.3d 916 (9th Cir. 2004). “Idaho Code § 67-5243 (3). Each final agency action or order in a contested case is subject to judicial review.”
Idaho Transp. v. Kalani-Keegan, 311 P.3d 309 (Idaho Ct. App. 2013). · cites it 2× “The motion is thereby deemed Denied, in accordance with Idaho Code § 67-5243 (3).” That statute provides: (3) Unless otherwise provided by statute or rule, any party may file a motion for reconsideration of a recommended order or a preliminary order within fourteen (14) days of…”
Travelers Ins. v. Ultimate Logistics (Idaho 2020). · cites it 2× “I.C. § 67-5243. Upon the request of a party, a hearing officer’s preliminary decision is reviewable by the Director.”
Laughy v. ConocoPhillips Co. (Idaho 2010). “IDAHO CODE § 67-5243(1) (2001). A recommended order becomes final only after review by the agency head in accordance with Idaho Code § 67-5244 .”
— Idaho Code § 67-5243(1) — 4 cases
Erickson v. Idaho Bd. of Reg. of Prof'l Engineers & Prof'l Land Surveyors, 203 P.3d 1251 (Idaho 2009). “The order issued on May 12, 2006, meets the definition of a final order. An “order” “means an agency action of particular applicability that determines the legal rights, duties, privileges, immunities, or other legal interests of one (1) or more specific persons.”
Laughy v. Idaho Dep't of Transp., 243 P.3d 1055 (Idaho 2010). “IDAHO CODE § 67-5243(1) (2001). A recommended order becomes final only after review by the agency head in accordance with Idaho Code § 67-5244 .”
Westway Constr., Inc. v. Idaho Transp. Dep't, 73 P.3d 721 (Idaho 2003). “IDAHO CODE § 67-5243(1) (2001). A recommended order becomes final only after review by the agency head in accordance with Idaho Code § 67-5244 .”
Laughy v. ConocoPhillips Co. (Idaho 2010). “IDAHO CODE § 67-5243(1) (2001). A recommended order becomes final only after review by the agency head in accordance with Idaho Code § 67-5244 .”
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