Idaho Admin. Code r. 16.02.19.861 - APPEAL PROCESS

Current through August 30, 2021

A license holder may appeal a summary suspension, notice of revocation, other action, or failure to act by the regulatory authority which adversely affects the license holder. A summary suspension or other emergency order is not stayed during the appeal process. (7-1-21)T

01. Compliance Conference. The license holder may request in writing a compliance conference with the regulatory authority within fifteen (15) days of receipt of the notice or action by the regulatory authority. If a timely request for a compliance conference is made, a compliance conference will be scheduled within twenty (20) days and conducted in an informal manner by the regulatory authority. At the compliance conference the license holder may explain the circumstances of the alleged violations and propose a resolution for the matter. (7-1-21)T

a. If the compliance conference results in an agreement between the license holder and the regulatory authority to remedy circumstances giving rise to the action and to assure future compliance, the agreement must be put in written form and signed by both parties. This written agreement constitutes an enforceable consent order. (7-1-21)T

b. Unless otherwise specifically stated in the consent order, the agreement will be for the duration of the existing license only. (7-1-21)T

02. Appeal to the Director. The license holder may appeal in writing to the Director of the Department of Health and Welfare within fifteen (15) days of receipt of the notice of action by the regulatory authority, or if a timely request for a compliance conference was made, within five (5) working days following the completion of the compliance conference. (7-1-21)T

a. The appeal must be in writing following the procedures in IDAPA 16.05.03, "Contested Case Proceedings and Declaratory Rulings." (7-1-21)T

b. Procedures on appeal to the Director are governed by IDAPA 16.05.03, "Contested Case Proceedings and Declaratory Rulings." (7-1-21)T

Notes

Idaho Admin. Code r. 16.02.19.861