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House approves bill clarifying administrative subpoena enforcement for contested hearings
Summary
House Bill 36 passed the House 69-1. Sponsors said the bill gives the Office of Administrative Hearings enforcement tools for subpoenas in contested administrative matters, using the example of license-suspension appeals.
The Idaho House passed House Bill 36 on Feb. 6, 2025, by a vote of 69 ayes and one member absent and excused. The sponsor told the House the bill addresses a gap in the Administrative Procedure Act regarding the issuance, service and enforcement of administrative subpoenas in contested cases handled by the Office of Administrative Hearings.
The sponsor, identified on the floor as the Representative from District 26, said the measure provides “teeth” to administrative subpoenas so that a witness who has been subpoenaed must appear and explain the basis of allegations in contested proceedings. The sponsor gave a hypothetical: a person files a complaint with Idaho Transportation Department alleging unsafe driving, leading to license suspension; under current practice the complainant could decline to appear for an administrative hearing, but the bill would require compliance with properly issued subpoenas.
The sponsor said the bill aligns administrative subpoena procedure with the needs of contested hearings and makes enforcement clearer for agencies and respondents. The House recorded the roll and the clerk announced 69 ayes, one absent and excused; the bill will be transmitted to the Senate.
