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Committee sends HB36 to floor with due pass to codify contested-case subpoena procedures
Summary
Representative Pohanka and administrative hearing officials said HB36 would codify issuance, service and enforcement procedures for subpoenas in administrative contested cases; the committee voted unanimously to send the bill to the floor with a due-pass recommendation.
Representative Mike Pohanka introduced House Bill 36, describing it as a technical codification relating to contested-case subpoenas in administrative proceedings. Pohanka said Idaho's Administrative Procedure Act permits subpoenas in contested cases but lacks a statutory enforcement mechanism; HB36 would set parameters for issuance, service and enforcement and give district courts authority to enforce administrative subpoenas.
Brian (transcript: 'Bridal') Nichols, identified himself as the chief administrative hearing officer and director of the Office of Administrative Hearings, and stood to answer questions on the bill. Nichols said the bill creates procedure and enforcement authority that currently are absent from statute. No public witnesses signed up to testify.
Representative Gannon moved that the committee send HB36 to the House floor with a due-pass recommendation. The motion passed by voice vote; the committee sent HB36 to the floor with a due-pass recommendation.
