Committee sends Administrative Procedures Act cleanup to floor after Office of Administrative Hearings briefing

Senator James Rucktee (District 29) presented House Bill 9 to modernize Idaho’s Administrative Procedures Act and align contested‑case procedures with contemporary practice and the Office of Administrative Hearings (OAH).

Brian Nichols, chief administrative hearing officer for OAH, told the committee the bill updates statutory language from a 1961 model to modern standards, clarifies definitions (including “administrative law judge” and “hearing officer”), and removes archaic references to a practice called “exceptions.” Nichols said the bill also establishes a maximum 120‑day deadline for agencies to complete contested‑case proceedings after taking emergency action — intended to prevent indefinite delays in administrative relief.

Rucktee said the measure cleans up cross‑references after the creation of OAH and implements procedures developed by the office. “Defaults are updated to only allow a default against a party when they miss a case‑critical hearing, not just miss any part of the case,” he said, explaining that the changes protect people who challenge agency actions.

Senators questioned whether the bill needed additional amendments; Mr. Nichols confirmed it harmonizes statutory text with current practice and executive policy such as Executive Order 2020‑2 on agency guidance. Senator Kaiser moved to send House Bill 9, as amended, to the Senate floor with a due pass recommendation; the motion was seconded and carried on a voice vote. The bill will proceed to the full Senate for consideration.