2005 Idaho Code - 59-1314 — RULES -- PROCEDURES FOR HEARINGS PRIOR TO APPEALS -- APPEALS

                                  TITLE  59
                          PUBLIC OFFICERS IN GENERAL
                                  CHAPTER 13
                      PUBLIC EMPLOYEES RETIREMENT SYSTEM
    59-1314.  RULES -- PROCEDURES FOR HEARINGS PRIOR TO APPEALS -- APPEALS.
(1) Subject to other provisions of this chapter and pursuant to the policy and
standards set out in section 59-1301, Idaho Code, the board shall have the
power and authority to adopt, amend or rescind such rules and administrative
policies as may be necessary for the proper administration of this chapter.
    (2)  A final decision of the board shall be served by first class and
certified mail, postage paid, on all interested parties. Any person aggrieved
by any otherwise final decision or inaction of the board must, before he
appeals to the courts, file with the executive director of the board by mail
or personally, within ninety (90) days after the service date of the final
decision on the aggrieved party, a notice for a hearing before the board. The
notice of hearing shall set forth the grounds of appeal to the board.
    (3)  A hearing shall be held before the board in Ada County, Idaho, at a
time and place designated by the board or may be undertaken or held by or
before any member(s) thereof or any hearing officer appointed by the board for
that purpose. The proceedings before the board shall be governed by the
provisions of chapter 52, title 67, Idaho Code. Members of the board or the
hearing officer shall have power to administer oaths, to preserve and enforce
order during such hearings, to issue subpoenas for and to compel the
attendance and testimony of witnesses or the production of books, papers,
documents and other evidence and to examine witnesses.
    (4)  Every finding, order or award made by any member or hearing officer
pursuant to such hearing, as confirmed or modified by the board, and ordered
filed in its office, shall be deemed to be the finding, order or award of the
board. The recommended order of the hearing officer shall be considered by the
board and the decision and order of the majority of the members shall be the
order of the board. Every such order rendered by the board shall be in writing
and a copy thereof shall be mailed by first class and certified mail to each
party to the appeal and to his attorney of record.
    (5)  If any person in proceedings herein disobeys or resists any lawful
order or process or misbehaves during a hearing, or so near the place thereof
as to obstruct the same, or neglects to produce, after having been ordered so
to do, any pertinent book, paper, document or other evidence, or refuses to
appear after having been subpoenaed, or upon appearing refuses to take the
oath as a witness, or after having taken the oath refuses to be examined
according to law, the board shall certify the facts to the district court
having jurisdiction, and the court shall thereupon, in a summary manner, hear
the evidence as to the acts complained of, and, if the evidence so warrants,
punish such person in the same manner and to the same extent as for contempt
committed before the court, or commit such person upon the same conditions as
if doing of the forbidden act had occurred with reference to the proceedings,
or in the presence of the court.
    (6)  Any party aggrieved by a final order of the board may seek judicial
review thereof pursuant to the provisions of chapter 52, title 67, Idaho Code.
The decision or judgment of the district court shall be subject to appeal to
the Supreme Court in the same manner and by the same procedure as appeals are
taken and perfected to the court in civil actions at law.