Idaho Code

Idaho Code § 67-5273 (2026)

Time for filing petition for review.

✓ current as of May 2026

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Time for filing petition for review.

(1) A petition for judicial review of a temporary or final rule may be filed at any time, except as limited by section 67-5231, Idaho Code.

(2) A petition for judicial review of a final order or a preliminary order that has become final when it was not reviewed by the agency head or preliminary, procedural or intermediate agency action under section 67-5271(2), Idaho Code, must be filed within twenty-eight (28) days of the service date of the final order, the date when the preliminary order became final, or the service date of a preliminary, procedural or intermediate agency order, or, if reconsideration is sought, within twenty-eight (28) days after the service date of the decision thereon. A cross-petition for judicial review may be filed within fourteen (14) days after a party is served with a copy of the notice of the petition for judicial review.

(3) A petition for judicial review of a final agency action other than a rule or order must be filed within twenty-eight (28) days of the agency action, except as provided by other provision of law. The time for filing a petition for review shall be extended during the pendency of the petitioner’s timely attempts to exhaust administrative remedies, if the attempts are clearly not frivolous or repetitious. A cross-petition for judicial review may be filed within fourteen (14) days after a party is served with a copy of the notice of the petition for judicial review.

Notes of Decisions

Cited in 27 cases (7 in the last 5 years), 1997–2026 · 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 22× “The time for filing a petition for judicial review from the Board’s decision was governed by Idaho Code § 67-5273 (2), which provides, “A petition for judicial review of a final order .”

City of Eagle v. Idaho Dep't of Water Resources, 247 P.3d 1037 (Idaho 2011). · cites it 22× “” At the time this action arose, Idaho Code § 67-5273 (2) stated, in relevant part: “A petition for judicial review of a final order .”

Highlands Dev. Corp. v. City of Boise, 188 P.3d 900 (Idaho 2008). · cites it 8× “Highlands then timely appealed to this Court. II. ANALYSIS A. Did the District Court Err in Dismissing the Petition for Judicial Review? In its brief, Highlands contended that it had the right to seek judicial review pursuant to Idaho Code § 67-5273 .”

Halper v. Jerome Cnty., 152 P.3d 562 (Idaho 2007). · cites it 5× “Timeliness of Petition for Judicial Review Idaho Code § 67-5273 (3), which is the section pertinent to appeals from land use decisions, provides in part: “A petition for judicial review of a final agency action other than a rule or order must be filed within twenty-eight (28)…”

In Re Quesnell Dairy, 152 P.3d 562 (Idaho 2007). · cites it 5× “Timeliness of Petition for Judicial Review Idaho Code § 67-5273 (3), which is the section pertinent to appeals from land use decisions, provides in part: "A petition for judicial review of a final agency action other than a rule or order must be filed within twenty-eight (28)…”

Petersen v. Franklin Cnty., 938 P.2d 1214 (Idaho 1997). · cites it 5× “The public was led to believe that there was a thirty (30) day period in which to object to DEQ and the Commission about the site selection rather than a twenty-eight (28) day period in which to appeal a final decision under the APA I.C. § 67-5273(3). Confusion as to whether the…”

State v. Glodowski, 463 P.3d 405 (Idaho 2020). · cites it 4× “Nothing in the record indicates that Glodowski took any steps to dispute the Bureau’s determination until almost two years later when the State filed its motion in limine.”

Mark Eugene Johnson v. Dept of Transp., 280 P.3d 749 (Idaho Ct. App. 2012). · cites it 8× “Idaho Code § 67-5273 (2) was amended in 2010 such that the period for filing a petition for judicial review now begins to run on the date of service.”

Access Behavioral Health v. IDHW, 517 P.3d 803 (Idaho 2022). · cites it 2× “Access timely petitioned for judicial review pursuant to Idaho Code section 67-5273. Access’s petition for judicial review repeated many of the same issues and arguments that it raised before the hearing officer.”

South Valley Ground Water v. ID Dept of Water Resources, 548 P.3d 734 (Idaho 2024). · cites it 6× “, 155 Idaho 8 Idaho Code section 67-5273 provides that “[a] petition for judicial review of a final order .”

Jensen v. State, 72 P.3d 897 (Idaho 2003). · cites it 2× “Second, the letter provided that it represented the final agency action of IDHW and, pursuant to the Idaho Administrative Procedures Act, I.C. § 67-5273(3), Jensen could' appeal the decision directly to the district court but must do so within twenty-eight days.”

Idaho Retired Firefighters Ass'n v. Pub. Emp. Ret. Bd., 443 P.3d 207 (Idaho 2019). · cites it 8× “" I.C. § 67-5273. Given the complexities and uncertainties regarding jurisdiction in this case, the Association's and the Individual Claimants' efforts were not frivolous.”

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— Idaho Code § 67-5273(2) — 15 cases

Erickson v. Idaho Bd. of Reg. of Prof'l Engineers & Prof'l Land Surveyors, 203 P.3d 1251 (Idaho 2009). “The time for filing a petition for judicial review from the Board’s decision was governed by Idaho Code § 67-5273 (2), which provides, “A petition for judicial review of a final order .”

City of Eagle v. Idaho Dep't of Water Resources, 247 P.3d 1037 (Idaho 2011). “” At the time this action arose, Idaho Code § 67-5273 (2) stated, in relevant part: “A petition for judicial review of a final order .”

State v. Glodowski, 463 P.3d 405 (Idaho 2020). “Nothing in the record indicates that Glodowski took any steps to dispute the Bureau’s determination until almost two years later when the State filed its motion in limine.”

South Valley Ground Water v. ID Dept of Water Resources, 548 P.3d 734 (Idaho 2024). “, 155 Idaho 8 Idaho Code section 67-5273 provides that “[a] petition for judicial review of a final order .”

A & B Irrigation Dist. v. Idaho Dep't of Water Resources, 301 P.3d 1270 (Idaho 2012).

— Idaho Code § 67-5273(3) — 6 cases

Petersen v. Franklin Cnty., 938 P.2d 1214 (Idaho 1997). “The public was led to believe that there was a thirty (30) day period in which to object to DEQ and the Commission about the site selection rather than a twenty-eight (28) day period in which to appeal a final decision under the APA I.C. § 67-5273(3). Confusion as to whether the…”

Halper v. Jerome Cnty., 152 P.3d 562 (Idaho 2007). “Timeliness of Petition for Judicial Review Idaho Code § 67-5273 (3), which is the section pertinent to appeals from land use decisions, provides in part: “A petition for judicial review of a final agency action other than a rule or order must be filed within twenty-eight (28)…”

In Re Quesnell Dairy, 152 P.3d 562 (Idaho 2007). “Timeliness of Petition for Judicial Review Idaho Code § 67-5273 (3), which is the section pertinent to appeals from land use decisions, provides in part: "A petition for judicial review of a final agency action other than a rule or order must be filed within twenty-eight (28)…”

Jensen v. State, 72 P.3d 897 (Idaho 2003). “Second, the letter provided that it represented the final agency action of IDHW and, pursuant to the Idaho Administrative Procedures Act, I.C. § 67-5273(3), Jensen could' appeal the decision directly to the district court but must do so within twenty-eight days.”

Caleb Hansen v. Lawerence Denney, 346 P.3d 321 (Idaho Ct. App. 2015).

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