Idaho Code § 14-5-1101

PART 11

DECLARATION OF LIABILITY — PUTATIVE HOLDER REMEDIES

14-5-1101. INFORMAL CONFERENCE FOLLOWING DETERMINATION OF Liability. (1) No later than thirty (30) days after receipt of a notice under section 14-5-1002, Idaho Code, the putative holder may request an informal conference with the administrator to review the determination. The request shall be a request to initiate informal disposition pursuant to section 67-5241, Idaho Code. Except as otherwise provided in this section, the administrator may appoint a designee to act on behalf of the administrator.

(2) If a putative holder makes a timely request under subsection (1) of this section for an informal conference and the administrator accepts the request:

(a) No later than twenty (20) days after the date of the request, the administrator shall set the time and place of the informal conference;

(b) The administrator shall give the putative holder notice in a record of the time and place of the informal conference;

(c) The informal conference may be held in person, by telephone, or by electronic means, as determined by the administrator;

(d) The request tolls the fourteen (14) day period under section 14-5-1102, Idaho Code, until the putative holder withdraws the request for the informal conference;

(e) The informal conference may be postponed, adjourned, and reconvened as the administrator determines appropriate; and

(f) The administrator or administrator's designee with the approval of the administrator shall affirm, modify, or withdraw the recommended order made under section 14-5-1002, Idaho Code, no later than twenty (20) days after the informal conference ends.

(3) An informal conference held under subsection (2) of this section is not a contested case subject to the provisions of chapter 52, title 67, Idaho Code, and the putative holder shall not be entitled to a contested case hearing. An oath is not required and rules of evidence do not apply in the informal conference.

(4) At an informal conference held under subsection (2) of this section, the putative holder must be given an opportunity to confer informally with the administrator and the person that examined the records of the putative holder to:

(a) Discuss the determination made under section 14-5-1002, Idaho Code; and

(b) Present any issue concerning the validity of the determination.

(5) If the administrator fails to act within the period prescribed in subsection (2)(a) or (f) of this section, the recommended order shall be deemed affirmed. The failure does not affect a right of the administrator, except that interest does not accrue on the amount for which the putative holder was determined to be liable under section 14-5-1002, Idaho Code, during the period in which the administrator failed to act until the earlier of:

(a) The date under section 14-5-1102, Idaho Code, the putative holder initiates review of the recommended order; or

(b) Ninety (90) days after the putative holder received notice of the administrator's determination under section 14-5-1002, Idaho Code, if no review was initiated under section 14-5-1102, Idaho Code.

(6) The administrator may hold an informal conference with a putative holder about a determination under section 14-5-1002, Idaho Code, without a request at any time before the putative holder initiates administrative review under section 14-5-1102, Idaho Code.

(7) Interest and penalties under section 14-5-1204, Idaho Code, continue to accrue on property not reported, paid, or delivered as required by this chapter after the initiation, and during the pendency, of an informal conference under this section.

History:

[14-5-1101, added 2024, ch. 27, sec. 2, p. 210.]