(1) Except as provided in subsection (4) of this section, any party shall have the right to one (1) disqualification without cause of any person serving or designated to serve as presiding officer, and any party shall have a right to move to disqualify for bias, prejudice, interest, substantial prior involvement in the matter other than as a presiding officer, status as an employee of the agency hearing the contested case, lack of professional knowledge in the subject matter of the contested case, or any other cause provided in this chapter or any cause for which a judge is or may be disqualified.
(2)  Any party may petition for the disqualification of a person serving or designated to serve as presiding officer:
(a)  Within fourteen (14) days after receipt of notice indicating that the person will preside at the contested case; or
(b)  Promptly upon discovering facts establishing grounds for disqualification, whichever is later.
Any party may assert a blanket disqualification for cause of all employees of the agency hearing the contested case, other than the agency head, without awaiting designation of a presiding officer.

Terms Used In Idaho Code 67-5252

  • 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
  • Chief administrative hearing officer: means the administrator of the office of administrative hearings created pursuant to section 67-5280, Idaho Code. See Idaho Code 67-5201
  • Contested case: means a proceeding that results in the issuance of an order. See Idaho Code 67-5201
  • Hearing officer: means the chief administrative hearing officer and any hearing officers appointed by him pursuant to sections 67-5281 through 67-5283, Idaho Code, or a person appointed by an agency or board to hear a contested case. 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
  • Person: means any individual, partnership, corporation, association, governmental subdivision or agency, or public or private organization or entity of any character. 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.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
(3)  A person whose disqualification for cause is requested shall determine in writing whether to grant the petition, stating facts and reasons for the determination.
(4)   When disqualification of the agency head or a member of the agency head would result in an inability to decide a contested case, the actions of the agency head shall be treated as a conflict of interest under the provisions of section 74-404, Idaho Code.
(5)   When a decision is required to be rendered within fourteen (14) weeks of the date of a request for a hearing by state or federal statutes or rules and regulations, or when the presiding officer is the chief administrative hearing officer or appointed by the chief administrative hearing officer as defined in section 67-5201, Idaho Code, no party shall have the right to a disqualification without cause.