Idaho Code

Idaho Code § 67-5246 (2026)

Final orders — Effectiveness of final orders.

✓ current as of May 2026

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Final orders — Effectiveness of final orders.

(1) If the presiding officer is the agency head, the presiding officer shall issue a final order.

(2) If the presiding officer issued a recommended order, the agency head shall issue a final order following review of that recommended order.

(3) If the presiding officer issued a preliminary order, that order becomes a final order unless it is reviewed as required in section 67-5245, Idaho Code. If the preliminary order is reviewed, the agency head shall issue a final order.

(4) Unless otherwise provided by statute or rule, any party may file a motion for reconsideration of any final order issued by the agency head within fourteen (14) days of the service date of that order. The agency head shall issue a written order disposing of the petition. The petition is deemed denied if the agency head does not dispose of it within twenty-one (21) days after the filing of the petition.

(5) Unless a different date is stated in a final order, the order is effective fourteen (14) days after its service date if a party has not filed a petition for reconsideration. If a party has filed a petition for reconsideration with the agency head, the final order becomes effective when:

(a) The petition for reconsideration is disposed of; or

(b) The petition is deemed denied because the agency head did not dispose of the petition within twenty-one (21) days.

(6) A party may not be required to comply with a final order unless the party has been served with or has actual knowledge of the order. If the order is mailed to the last known address of a party, the service is deemed to be sufficient.

(7) A nonparty shall not be required to comply with a final order unless the agency has made the order available for public inspection or the nonparty has actual knowledge of the order.

(8) The provisions of this section do not preclude an agency from taking immediate action to protect the public interest in accordance with the provisions of section 67-5247, Idaho Code.

Notes of Decisions

Cited in 9 cases, 2000–2019 · leading case: A & B Irrigation Dist. v. Idaho Dep't of Water Resources, 301 P.3d 1270 (Idaho 2012).

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A & B Irrigation Dist. v. Idaho Dep't of Water Resources, 301 P.3d 1270 (Idaho 2012). · cites it 66× “The issue in this appeal is the meaning of the term “dispose of” as it is used in subsections (4) and (5) of Idaho Code section 67-5246, which state: (4) Unless otherwise provided by statute or rule, any party may file a motion for reconsideration of any final order issued by…”

Laughy v. Idaho Dep't of Transp., 243 P.3d 1055 (Idaho 2010). · cites it 12× “" I.C. § 67-5246(1). "`Agency head' means an individual or body of individuals in whom the ultimate legal authority of the agency is vested by any provision of law.”

Erickson v. Idaho Bd. of Reg. of Prof'l Engineers & Prof'l Land Surveyors, 203 P.3d 1251 (Idaho 2009). · cites it 2× “If there was any question about that, Idaho Code § 67-5246 (4) resolves it. That statute, entitled “Final Orders — Effectiveness of Final Orders,” states: “Unless otherwise provided by statute or rule, any party may file a motion for reconsideration of any final order issued by…”

Arthur v. Shoshone Cnty., 993 P.2d 617 (Idaho Ct. App. 2000). · cites it 10× “Because a board of county commissioners does not fall within the APA’s definition of “agency,” the provisions of I.C. § 67-5246 empowering “agencies” to act on motions for reconsideration did not authorize the Board to reconsider its May 6 order unless § 67-5246 was made…”

In Re Distrib. of Water to Various Water Rights, 315 P.3d 828 (Idaho 2013). · cites it 2× “” I.C. § 67-5246(2) provides that "[i]f the presiding officer issued a recommended order, the agency head shall issue a final order following review of that recommended order.”

Laughy v. ConocoPhillips Co. (Idaho 2010). · cites it 6× “‖ I.C. § 67-5246(1). ―‗Agency head‘ means an individual or body of individuals in whom the ultimate legal authority of the agency is vested by any provision of law.”

State v. Glodowski (Idaho Ct. App. 2019). · cites it 2× “See I.C. § 67-5246(4) (requiring 4 petition for reconsideration within fourteen days of final order); I.”

State v. Glodowski, 457 P.3d 917 (Idaho Ct. App. 2019). · cites it 2× “See I.C. § 67-5246(4) (requiring 4 petition for reconsideration within fourteen days of final order); I.”

A&B Irrigation v. ID Dpt of Water Resources (Idaho 2013). · cites it 2× “” I.C. § 67-5246(2) provides that “[i]f the presiding officer issued a recommended order, the agency head shall issue a final order following review of that recommended order.”

— Idaho Code § 67-5246(1) — 2 cases

Laughy v. Idaho Dep't of Transp., 243 P.3d 1055 (Idaho 2010). “" I.C. § 67-5246(1). "`Agency head' means an individual or body of individuals in whom the ultimate legal authority of the agency is vested by any provision of law.”

Laughy v. ConocoPhillips Co. (Idaho 2010). “‖ I.C. § 67-5246(1). ―‗Agency head‘ means an individual or body of individuals in whom the ultimate legal authority of the agency is vested by any provision of law.”

— Idaho Code § 67-5246(2) — 4 cases

In Re Distrib. of Water to Various Water Rights, 315 P.3d 828 (Idaho 2013). “” I.C. § 67-5246(2) provides that "[i]f the presiding officer issued a recommended order, the agency head shall issue a final order following review of that recommended order.”

A&B Irrigation v. ID Dpt of Water Resources (Idaho 2013). “” I.C. § 67-5246(2) provides that “[i]f the presiding officer issued a recommended order, the agency head shall issue a final order following review of that recommended order.”

— Idaho Code § 67-5246(3) — 2 cases

— Idaho Code § 67-5246(4) — 4 cases

A & B Irrigation Dist. v. Idaho Dep't of Water Resources, 301 P.3d 1270 (Idaho 2012). “The issue in this appeal is the meaning of the term “dispose of” as it is used in subsections (4) and (5) of Idaho Code section 67-5246, which state: (4) Unless otherwise provided by statute or rule, any party may file a motion for reconsideration of any final order issued by…”

Arthur v. Shoshone Cnty., 993 P.2d 617 (Idaho Ct. App. 2000). “Because a board of county commissioners does not fall within the APA’s definition of “agency,” the provisions of I.C. § 67-5246 empowering “agencies” to act on motions for reconsideration did not authorize the Board to reconsider its May 6 order unless § 67-5246 was made…”

State v. Glodowski (Idaho Ct. App. 2019). “See I.C. § 67-5246(4) (requiring 4 petition for reconsideration within fourteen days of final order); I.”

State v. Glodowski, 457 P.3d 917 (Idaho Ct. App. 2019). “See I.C. § 67-5246(4) (requiring 4 petition for reconsideration within fourteen days of final order); I.”

— Idaho Code § 67-5246(5) — 1 case

— Idaho Code § 67-5246(5)(b) — 2 cases

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