Idaho Code
Idaho Code § 67-6534 (2026)
Adoption of hearing procedures.
✓ current as of May 2026
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Adoption of hearing procedures.
The governing board shall, by ordinance or resolution, adopt procedures for the conduct of public hearings. At a minimum such hearing procedures shall provide an opportunity for all affected persons to present and rebut evidence.
Notes of Decisions
Cited in 6
cases, 1983–2012 · leading case: Whitted v. Canyon Cnty. Bd. of Commissioners, 44 P.3d 1173 (Idaho 2002).
Whitted v. Canyon Cnty. Bd. of Commissioners, 44 P.3d 1173 (Idaho 2002). “Idaho Code § 67-6534 provides: The governing board shall, by ordinance or resolution, adopt procedures for the conduct of public hearings.”
Gumprecht v. City of Coeur D'Alene, 661 P.2d 1214 (Idaho 1983). “" The approval or denial of any zoning or rezoning application is to be based upon articulable standards and criteria to be set forth in a comprehensive plan, and is to be in writing, accompanied by a statement of findings of fact and conclusions of law that explain the facts…”
Neighbors for a Healthy Gold Fork v. Valley Cnty., 176 P.3d 126 (Idaho 2007). “§ 67-6504(c) requires maintenance of a record of all meetings, hearings, resolutions, findings, permits and actions. Courts reviewing zoning agency decisions are to consider the proceedings as a whole and to evaluate the adequacy of procedures and the resultant decision in light…”
Friends of Minidoka v. Jerome Cnty., 281 P.3d 1076 (Idaho 2012). “On appeal, Appellants argue specifically that their procedural due process rights have been violated because (1) the Board failed to provide Appellants the opportunity to present and rebut evidence at the hearing in a meaningful manner at a meaningful time, and (2) the Board…”
Spencer v. Kootenai Cnty., 180 P.3d 487 (Idaho 2008). “Courts reviewing zoning board decisions are to consider the proceedings as a whole and to evaluate the adequacy of procedures and the resultant decision in light of practical considerations with an emphasis on fundamental fairness and the essentials of reasoned decision-making.”
Evans v. Bd. of Com'rs of Cassia Cnty., 50 P.3d 443 (Idaho 2002). “§ 67-6512 and I.C. § 67-6534. The appellants have not challenged the sufficiency of the information provided by Watterson in the application’s section relating to section 12-2(f) of the ordinance.”
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