Idaho Admin. Code r. 61.01.03.060 - REVIEW OF WILLFUL AND MATERIAL DEFICIENCY DECISIONS

01. Emergency Action. The Commission will take immediate action and contract with appropriate resources to remedy Willful and Material Deficiencies to avoid immediate danger and may act through an emergency proceeding under Section 67-5247, Idaho Code, when: (4-6-23)T

a. A county is using a Defending Attorney who has been removed from the applicable PDC Roster for the reasons set forth in IDAPA 61.01.02, "Requirements and Procedures for Representing Indigent Persons," Subsection 080.03; or (4-6-23)T

b. A county has not complied with or responded to a notice of Deficiency within thirty (30) days of the date of such notice; (4-6-23)T

c. If the Commission issues an emergency order to remedy Willful and Material Deficiencies, the Commission will notify the county of its order. The Commission's order will include a statement of the immediate danger and is effective immediately; (4-6-23)T

d. A county may challenge the Commission's emergency order to remedy Willful and Material Deficiencies hereunder by submitting a notice of appeal and all supporting documentation within fourteen (14) days of the date of the Commission's order; (4-6-23)T

e. The Commission will review any timely challenge and issue an emergency decision within twenty-eight (28) days of receipt of timely filed notice and materials. The Commission may base its decision on a written record or elect to hold a hearing. (4-6-23)T

02. Action for Other Reasons. (4-6-23)T

a. If the county is subject to a Commission order to remedy Willful and Material Deficiencies for reasons other than set forth in Subsection 060.01 of these rules, the county may appeal the order by submitting a notice of appeal and all supporting documentation within twenty-one (21) days of the Commission's order. (4-6-23)T

b. A hearing officer appointed by the Commission will review a timely appeal and issue a recommended order to the Commission. (4-6-23)T

c. The Commission will issue a final agency order adopting or rejecting the recommended order, or take other action deemed appropriate by the Commission. (4-6-23)T

Notes

Idaho Admin. Code r. 61.01.03.060