(1) If the presiding officer is the agency head, the presiding officer shall issue a final order.
(2)  If the presiding officer issued a recommended order, the agency head shall issue a final order following review of that recommended order.

Terms Used In Idaho Code 67-5246

  • Agency: means each state board, commission, department or officer authorized by law to make rules or to determine contested cases, but does not include the legislative or judicial branches, executive officers listed in section 1, article IV of the constitution of the state of Idaho in the exercise of powers derived directly and exclusively from the constitution, the state militia or the state board of correction. See Idaho Code 67-5201
  • Agency head: means an individual or body of individuals in whom the ultimate legal authority of the agency is vested by any provision of law. See Idaho Code 67-5201
  • Order: means an agency action of particular applicability that determines the legal rights, duties, privileges, immunities, or other legal interests of one (1) or more specific persons. See Idaho Code 67-5201
  • Party: means each person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party. See Idaho Code 67-5201
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Rule: means all or a part of an agency statement of general applicability that has been promulgated in compliance with the provisions of this chapter and that implements, interprets, enforces, or prescribes:
Idaho Code 67-5201
  • Statute: A law passed by a legislature.
    • (3)  If the presiding officer issued a preliminary order, that order becomes a final order unless it is reviewed as required in section 67-5245, Idaho Code. If the preliminary order is reviewed, the agency head shall issue a final order.
    (4)  Unless otherwise provided by statute or rule, any party may file a motion for reconsideration of any final order issued by the agency head within fourteen (14) days of the service date of that order. The agency head shall issue a written order disposing of the petition. The petition is deemed denied if the agency head does not dispose of it within twenty-one (21) days after the filing of the petition.
    (5)  Unless a different date is stated in a final order, the order is effective fourteen (14) days after its service date if a party has not filed a petition for reconsideration. If a party has filed a petition for reconsideration with the agency head, the final order becomes effective when:
    (a)  The petition for reconsideration is disposed of; or
    (b)  The petition is deemed denied because the agency head did not dispose of the petition within twenty-one (21) days.
    (6)  A party may not be required to comply with a final order unless the party has been served with or has actual knowledge of the order. If the order is mailed to the last known address of a party, the service is deemed to be sufficient.
    (7)  A nonparty shall not be required to comply with a final order unless the agency has made the order available for public inspection or the nonparty has actual knowledge of the order.
    (8)  The provisions of this section do not preclude an agency from taking immediate action to protect the public interest in accordance with the provisions of section 67-5247, Idaho Code.