Transcribable record.
In every case in this chapter where an appeal is provided for, a transcribable verbatim record of the proceeding shall be made and kept for a period of not less than six (6) months after a final decision on the matter. The proceeding envisioned by this statute for which a transcribable verbatim record must be maintained shall include all public hearings at which testimony or evidence is received or at which an applicant or affected person addresses the commission or governing board regarding a pending application or during which the commission or governing board deliberates toward a decision after compilation of the record. Upon written request and within the time period provided for retention of the record, any person may have the record transcribed at his expense.
The governing board and commission shall also provide for the keeping of minutes of the proceedings. Minutes shall be retained indefinitely or as otherwise provided by law.
Notes of Decisions
Martin v. Camas Cnty. ex rel. Bd. of Commissioners, 248 P.3d 1243 (Idaho 2011).
· cites it 2× “a, that: (1) the Idaho Administrative Procedures Act (IDAPA) applied to Camas County’s zoning decisions; (2) the action of the County — in enacting the 2007 zoning amendments — constituted a quasi-judicial, rather than quasi- *510 legislative, activity and was not immune from…”
Rural Kootenai Org., Inc. v. Bd. of Commissioners, 993 P.2d 596 (Idaho 1999).
· cites it 4× “RKO seeks a strict application of the “verbatim” requirement under I.C. § 67-6536, maintaining that the transcripts should reflect the content of the agency proceedings word-for-word.”
Foster v. City of St. Anthony, 841 P.2d 413 (Idaho 1992).
· cites it 2× “§ 67-6535, and (3) provide meaningful discussion to support its findings as required by I.”
Martin v. Camas Cnty. Ex Rel. Bd. Com'rs, 248 P.3d 1243 (Idaho 2011).
· cites it 2× “alia, that: (1) the Idaho Administrative Procedures Act (IDAPA) applied to Camas County's zoning decisions; (2) the action of the Countyin enacting the 2007 zoning amendmentsconstituted a quasi-judicial, rather than quasi-legislative, *1245 activity and was not immune from…”
Gay v. Cnty. Com'rs of Bonneville Cnty., 651 P.2d 560 (Idaho Ct. App. 1982).
· cites it 2× “…statutory requirement of a transcribable record upon all land use proceedings where judicial review is available. See I.C. § 67-6536 (added in 1982).”
George Martin v. Ed Smith, 296 P.3d 367 (Idaho 2013).
· cites it 2× “er alia, that: (1) the Idaho Administrative Procedures Act (IDAPA) applies to Camas County’s zoning decisions; (2) the action of the County — in enacting the 2007 zoning amendments — constituted a quasi-judicial, rather than quasi-legislative, activity and was not immune from…”
S Bar Ranch v. Elmore Cnty. (Idaho 2022).
· cites it 8× “” LLUPA requires a governing board to keep a “verbatim transcribable record” of “all public hearings at which testimony or evidence is received or at which an applicant or affected person addresses the commission or governing board regarding a pending application or during which…”
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