THE IDAHO ADMINISTRATIVE PROCEDURE ACT: A PRIMER FOR THE PRACTITIONER Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 1994 Idaho Law Review
Idaho Law Review

THE IDAHO ADMINISTRATIVE PROCEDURE ACT: A PRIMER FOR THE PRACTITIONER

1994

30 Idaho L. Rev. 273

Author

Michael S. Gilmore and Dale D. Goble *

Excerpt



This article provides a comprehensive explanation and analysis of the Idaho Administrative Procedure Act (APA) adopted by the Idaho Legislature in 1992 and amended in 1993 before the original act's effective date of July 1, 1993. The APA is a new beginning. Idaho administrative law has been characterized too often by ad hoc procedures and unstructured judicial review. The new APA is intended to remedy these problems by creating a new and comprehensive statutory structure. It will dramatically affect the state's agencies; many will be required to completely revise their traditional way of doing business.

Because the Act is a new beginning, a thorough explanation is essential so that those affected by the Act -- both the state's administrative agencies and the public they serve -will have a handy reference to the rights and obligations that the Act creates.

I. INTRODUCTION

An administrative procedure act must specify the procedures administrative agencies are to use and must prescribe the degree of deference a reviewing court is to give to agency decisions on appeal. In its first role, an administrative procedure act is like a constitution.
It establishes the procedures an agency must employ to create statute-like general standards (rules) or to impose judgment-like directives and benefits (orders). By requiring agency decisionmakers to comply with procedural norms of openness and rationality, the act both creates procedural guarantees and limits agency discretion. In its second role, the act structures and confines judicial review by specifying standards for review of agency decisionmaking. This ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities