67-5249. AGENCY RECORD. (1) An agency shall maintain an official record of each contested case under this chapter for a period of not less than six (6) months after the expiration of the last date for judicial review, unless otherwise provided by law.
(2) The record shall include:
(a) all notices of proceedings, pleadings, motions, briefs, petitions, and intermediate rulings;
(b) evidence received or considered;
(c) a statement of matters officially noticed;
(d) offers of proof and objections and rulings thereon;
(e) the record prepared by the presiding officer under the provisions of section 67-5242, Idaho Code, together with any transcript of all or part of that record;
(f) staff memoranda or data submitted to the presiding officer or the agency head in connection with the consideration of the proceeding; and
(g) any recommended order, preliminary order, final order, or order on reconsideration.
(3) Except to the extent that this chapter or another statute provides otherwise, the agency record constitutes the exclusive basis for agency action in contested cases under this chapter or for judicial review thereof.
History:
[67-5249, added 1992, ch. 263, sec. 34, p. 807.]