Copyright (c) 1994 Idaho Law Review
Idaho Law Review
THE IDAHO ADMINISTRATIVE PROCEDURE ACT: A PRIMER FOR THE PRACTITIONER
30 Idaho L. Rev. 273
Michael S. Gilmore and Dale D. Goble *
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.
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/.