2005 Idaho Code - 67-5241 — INFORMAL DISPOSITION

                                  TITLE  67
                      STATE GOVERNMENT AND STATE AFFAIRS
                                  CHAPTER 52
                      IDAHO ADMINISTRATIVE PROCEDURE ACT
    67-5241.  INFORMAL DISPOSITION. (1) Unless prohibited by other provisions
of law:
    (a)  an agency or a presiding officer may decline to initiate a contested
    case;
    (b)  any part of the evidence in a contested case may be received in
    written form if doing so will expedite the case without substantially
    prejudicing the interests of any party;
    (c)  informal disposition may be made of any contested case by
    negotiation, stipulation, agreed settlement, or consent order.  Informal
    settlement of matters is to be encouraged;
    (d)  the parties may stipulate as to the facts, reserving the right to
    appeal to a court of competent jurisdiction on issues of law.
    (2)  An agency or a presiding officer may request such additional
information as required to decide whether to initiate or to decide a contested
case as provided in subsection (1) of this section.
    (3)  If an agency or a presiding officer declines to initiate or decide a
contested case under the provisions of this section, the agency or the officer
shall furnish a brief statement of the reasons for the decision to all persons
involved. This subsection does not apply to investigations or inquiries
directed to or performed by law enforcement agencies defined in section
9-337(7), Idaho Code.
    (4)  The agency may not abdicate its responsibility for any informal
disposition of a contested case. Disposition of a contested case as provided
in this section is a final agency action.