2005 Idaho Code - 67-5317 — PETITION FOR REVIEW PROCEDURE

                                  TITLE  67
                      STATE GOVERNMENT AND STATE AFFAIRS
                                  CHAPTER 53
                               PERSONNEL SYSTEM
    67-5317.  PETITION FOR REVIEW PROCEDURE. (1) If a petition for review is
filed, the personnel commission shall review the record of the proceeding
before the hearing officer, briefs submitted in accordance with any briefing
schedule it orders, and any transcripts submitted of the hearing below. The
commission may grant the parties the opportunity to present oral argument, but
need not do so if the record clearly shows that the commission or the hearing
officer lacks jurisdiction over the appeal or petition for review. The
personnel commission may affirm, reverse or modify the decision of the hearing
officer, may remand the matter, or may dismiss it for lack of jurisdiction.
    (2)  Any party in interest may file in the district court for the county
in which any party to the proceedings resides, a certified copy of the
decision of the commission,  which the district court shall have the power to
enforce by proper proceedings.
    (3)  A decision of the commission shall be final and conclusive between
the parties, unless within forty-two (42) days of the filing of such decision
either party appeals to the district court. Where the decision of the
personnel commission directed the reinstatement of an employee, the employee
shall be reinstated upon receipt of a copy of the decision unless a stay of
the order be granted by the district court upon proper petition.