US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 17
                       DEPARTMENT OF WATER RESOURCES --
                             WATER RESOURCE BOARD
    42-1701A.  HEARINGS BEFORE DIRECTOR -- APPEALS. (1) All hearings required
by law to be held before the director of the department of water resources
shall be conducted in accordance with the provisions of chapter 52, title 67,
Idaho Code, and rules of procedure promulgated by the director.
    (2)  The director, in his discretion, may direct that a hearing be
conducted by a hearing officer appointed by the director. In such event, the
hearing officer shall have the duty to make a complete record of the evidence
presented and duly received at the hearing and to prepare a recommended or
preliminary order in accordance with chapter 52, title 67, Idaho Code, and
rules of procedure promulgated by the director.
    (3)  Unless the right to a hearing before the director or the water
resource board is otherwise provided by statute, any person aggrieved by any
action of the director, including any decision, determination, order or other
action, including action upon any application for a permit, license,
certificate, approval, registration, or similar form of permission required by
law to be issued by the director, who is aggrieved by the action of the
director, and who has not previously been afforded an opportunity for a
hearing on the matter shall be entitled to a hearing before the director to
contest the action. The person shall file with the director, within fifteen
(15) days after receipt of written notice of the action issued by the
director, or receipt of actual notice, a written petition stating the grounds
for contesting the action by the director and requesting a hearing. The
director shall give such notice of the petition as is necessary to provide
other affected persons an opportunity to participate in the proceeding. The
hearing shall be held and conducted in accordance with the provisions of
subsections (1) and (2) of this section. Judicial review of any final order of
the director issued following the hearing shall be had pursuant to subsection
(4) of this section.
    (4)  Any person who is aggrieved by a final decision or order of the
director is entitled to judicial review. The judicial review shall be had in
accordance with the provisions and standards set forth in chapter 52, title
67, Idaho Code.