Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Administrative Procedure Subpoenas topic
No spam. Unsubscribe anytime.
House passes bill to enforce administrative subpoenas in state hearings
Summary
House Bill 36 passed after sponsors said it would give teeth to administrative subpoenas used in contested administrative hearings, clarifying issuance and enforcement under Idaho law.
The Idaho House on Feb. 6 passed House Bill 36, which the sponsor said would clarify procedures and enforcement for administrative subpoenas used in contested hearings before the Office of Administrative Hearings.
The sponsor said Idaho’s Administrative Procedure Act is currently silent about procedures and enforcement for contested subpoenas; HB36 outlines parameters for issuance, service and enforcement and would allow administrative hearings to compel attendance and testimony in cases such as contested license actions.
As an example, the sponsor described a scenario in which a complaint could lead to administrative proceedings (for example, an Idaho Transportation Department matter) and an opposing witness might decline to appear; the bill would permit subpoenas and enforcement to ensure the witness attends.
The House voted and the clerk recorded 69 ayes and 1 absent and excused; the presiding officer announced House Bill 36 had passed and would be transmitted to the Senate.
The sponsor said the bill was intended to provide “teeth” to administrative subpoenas and compared administrative subpoena enforcement to court subpoena enforcement. No floor amendments were recorded.
