Idaho Code
Idaho Code

Idaho Code § 67-5317 (2026)

classified employee Petition for review procedure. 

✓ current as of May 2026
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classified employee Petition for review procedure. 

(1) If a classified employee files a petition for review, the personnel commission shall review the record of the proceeding before the hearing officer, briefs submitted in accordance with any briefing schedule it orders, and any transcripts submitted of the hearing below. The commission may grant the parties the opportunity to present oral argument, but need not do so if the record clearly shows that the commission or the hearing officer lacks jurisdiction over the appeal or petition for review. The personnel commission may affirm, reverse or modify the decision of the hearing officer, may remand the matter, or may dismiss it for lack of jurisdiction.

(2)  Any party in interest may file in the district court for the county in which any party to the proceedings resides, a certified copy of the decision of the commission, which the district court shall have the power to enforce by proper proceedings.
(3)  A decision of the commission shall be final and conclusive between the parties, unless within forty-two (42) days of the filing of such decision either party appeals to the district court. Where the decision of the personnel commission directed the reinstatement of an employee, the employee shall be reinstated upon receipt of a copy of the decision unless a stay of the order be granted by the district court upon proper petition.
(4)  Nonclassified employees are not eligible to seek review of any personnel action before the personnel commission.
Notes of Decisions
Cited in 8 cases, 1987–2003 · leading case: Lockhart v. Dep't of Fish & Game, 828 P.2d 1299 (Idaho 1992).
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Lockhart v. Dep't of Fish & Game, 828 P.2d 1299 (Idaho 1992). · cites it 22× “Idaho Code § 67-5317 (3) states in pertinent part that “[a] decision of the commission shall be final and conclusive between the parties, unless within forty-two (42) days of the filing of such decision either party appeals to the district court.” Rather than look to an entirely…”
Horne v. Idaho State Univ., 69 P.3d 120 (Idaho 2003). · cites it 8× “” In this case, the Commission issued its decision on September 10, 2001, and mailed it to the parties on September 17, 2001. Ms. Home filed her petition for judicial review on October 29, 2001, forty-nine days after the Commission’s decision was issued and forty-two days after…”
Pounds v. Denison, 766 P.2d 1262 (Idaho Ct. App. 1988). · cites it 4× “The procedure for filing a petition for review is now found in I.C. § 67-5317. The Commission’s decision shall be final and conclusive between the parties unless an appeal is taken to the district court within thirty days of the decision.”
Anderson v. Spalding, 50 P.3d 1004 (Idaho 2002). · cites it 2× “IDOC petitioned for review by the Personnel Commission pursuant to I.C. § 67-5317. The Personnel Commission affirmed the decision of the hearing officer in all respects.”
Dep't of Health & Welfare v. Sandoval, 742 P.2d 992 (Idaho Ct. App. 1987). · cites it 2× “I.C. § 67-5317. 3 . Our Supreme Court has elaborated on the reasons why some agency determinations are entitled to greater deference than others: Another factor which serves to vary the intensity of .”
Idaho Dep't of Corr. v. Anderson, 8 P.3d 675 (Idaho Ct. App. 2000). · cites it 2× “IDOC then petitioned for review by the Personnel Commission pursuant to I.C. § 67-5317. The Personnel Commission issued a lengthy decision in which it reviewed the evidence that had been presented before the hearing officer and affirmed the decision of the hearing officer in all…”
Starr v. Idaho Transp. Dep't, 795 P.2d 21 (Idaho Ct. App. 1990). · cites it 2× “Subsequently, the commission, pursuant to I.C. § 67-5317, reviewed and then adopted, the decision of the hearing officer affirming Starr’s layoff.”
Stacey v. Idaho Dep't of Labor, 9 P.3d 530 (Idaho 2000). · cites it 2× “Idaho Code § 67-5317 (3) provides that "[a] decision of the commission shall be final and conclusive between the parties, unless within forty-two (42) days of the filing of such decision either party appeals to the district court.”
— Idaho Code § 67-5317(2) — 1 case
Lockhart v. Dep't of Fish & Game, 828 P.2d 1299 (Idaho 1992). “Idaho Code § 67-5317 (3) states in pertinent part that “[a] decision of the commission shall be final and conclusive between the parties, unless within forty-two (42) days of the filing of such decision either party appeals to the district court.” Rather than look to an entirely…”
— Idaho Code § 67-5317(3) — 2 cases
Lockhart v. Dep't of Fish & Game, 828 P.2d 1299 (Idaho 1992). “Idaho Code § 67-5317 (3) states in pertinent part that “[a] decision of the commission shall be final and conclusive between the parties, unless within forty-two (42) days of the filing of such decision either party appeals to the district court.” Rather than look to an entirely…”
Pounds v. Denison, 766 P.2d 1262 (Idaho Ct. App. 1988). “The procedure for filing a petition for review is now found in I.C. § 67-5317. The Commission’s decision shall be final and conclusive between the parties unless an appeal is taken to the district court within thirty days of the decision.”
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