Idaho Code

Idaho Code § 67-5318 (2026)

Appeal to district court.

✓ current as of May 2026

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Appeal to district court.

Upon the appeal of a decision of the commission, the district court may affirm, or set aside and remand the matter to the commission upon the following grounds, and shall not set the same aside on any other grounds:

(1) That the findings of fact are not based on any substantial, competent evidence;

(2) That the commission has acted without jurisdiction or in excess of its powers;

(3) That the findings of fact by the commission do not as a matter of law support the decision.

Notes of Decisions

Cited in 11 cases, 1990–2006 · leading case: Whittier v. Dep't of Health & Welfare, 44 P.3d 1130 (Idaho 2002).

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Whittier v. Dep't of Health & Welfare, 44 P.3d 1130 (Idaho 2002). · cites it 8× “Under Idaho Code § 67-5318 , when an appeal is taken to the district court from a decision of the IPC, the Commission’s decision may not be set aside unless the court determines: (1) That the findings of fact are not based on any substantial, competent evidence; (2) That the…”

Sanchez v. State, 141 P.3d 1108 (Idaho 2006). · cites it 4× “STANDARD OF REVIEW Idaho Code section 67-5318 governs judicial review of Commission decisions as follows: Upon the appeal of a decision of the commission, the district court may affirm, or set aside and remand the matter to the commission upon the following grounds, and shall…”

Anderson v. Spalding, 50 P.3d 1004 (Idaho 2002). · cites it 2× “The IDOC appealed the Personnel Commission’s decision to the district court pursuant to I.C. § 67-5318. The district court affirmed the Personnel Commission’s decision.”

Idaho Dep't of Corr. v. Anderson, 8 P.3d 675 (Idaho Ct. App. 2000). · cites it 6× “■IDOC next appealed the Personnel Commission’s decision to the district court pursuant to I.C. § 67-5318. The district court determined that the findings of the Personnel Commission were supported by substantial evidence and that the Personnel Commission’s decision was…”

Lockhart v. State, Dep't of Fish & Game, 903 P.2d 135 (Idaho Ct. App. 1995). · cites it 6× “With respect to the Commission’s determination that Lock-hart’s comment regarding female legislators was an appropriate basis for discipline, the district court remanded the case to the Commission for it to consider the effect of I.”

Lockhart v. Dep't of Fish & Game, 828 P.2d 1299 (Idaho 1992). · cites it 2× “§ 67-5215(b) of the Administrative Procedure Act (APA), which specified the location of appeal as “the district court of either the county in which the hearing was held or the county in which the final decision of the agency was made,” should be applied because the Personnel…”

Fridenstine v. Idaho Dep't of Admin., 983 P.2d 842 (Idaho 1999). · cites it 4× “Rather, Fridenstine argues that his due process rights were violated by the Department of Administration, and that his dismissal was motivated by constitutionally impermissible factors.”

Soong v. Idaho Dep't of Health & Welfare, 968 P.2d 261 (Idaho Ct. App. 1998). · cites it 4× “Soong then filed an appeal with the district court which again upheld Soong’s termination.”

Horne v. Idaho State Univ., 69 P.3d 120 (Idaho 2003). · cites it 2× “When an appeal is taken to the district court, it must affirm the Commission’s decision unless: (1) The findings of fact are not based on any substantial, competent evidence; (2) The Commission acted without jurisdiction or in excess of its powers; or (3) The findings of fact by…”

Starr v. Idaho Transp. Dep't, 795 P.2d 21 (Idaho Ct. App. 1990). · cites it 4× “Pursuant to I.C. § 67-5318, the district court is authorized, upon an appeal from a decision of the Idaho Personnel Commission, as follows: [T]he district court may affirm, or set aside and remand the matter to the commission upon the following grounds, and shall not set the…”

Sanchez v. Idaho Dep't of Corr., 5 P.2d 984 (Idaho 2000). · cites it 2× “*525 In reviewing a decision of the district court on appeal from the Commission, the appellate court may set aside the decision of the Commission only if the findings are not based on substantial competent evidence; the Commission has acted without jurisdiction or in excess of…”

— Idaho Code § 67-5318(1) — 1 case

Idaho Dep't of Corr. v. Anderson, 8 P.3d 675 (Idaho Ct. App. 2000). “■IDOC next appealed the Personnel Commission’s decision to the district court pursuant to I.C. § 67-5318. The district court determined that the findings of the Personnel Commission were supported by substantial evidence and that the Personnel Commission’s decision was…”

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