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Idaho Regulations § 34.02.02.015 HEARING

⤴ Up to Rule 34.02.02: Rules Governing Complaint Process Under the Help America Vote Act

Regulation Text

01. Hearing on the Record . At the request of the Complainant, the Secretary of State shall conduct a hearing on the record. (3-31-22)
02. Time Frame for Hearing . The hearing shall be conducted no sooner than ten (10) days and no later than thirty (30) days after the Secretary of State receives the complaint. The Secretary of State shall give at least ten (10) business days' advance notice of the date, time, and place of the hearing: (3-31-22)
a. By mail, to the Complainant, each named Respondent, and any other interested person who has asked in writing to be advised of the hearing; (3-31-22)
b. On the Election Division web site; and (3-31-22)
c. By posting in a prominent place, available to the general public, at the offices of the Election Division; (3-31-22)
03. Hearing Officer . The Secretary of State or his designee shall act as hearing officer. (3-31-22)
04. Who May Appear . The Complainant, any Respondent, or any other interested member of the public may appear at the hearing and testify or present tangible evidence in connection with the complaint. Each witness shall be sworn. The hearing officer may limit the testimony, if necessary, to ensure that all interested participants are able to present their views. The hearing officer may recess the hearing and reconvene at a later date, time, and place announced publicly at the hearing. (3-31-22)
05. Representation by an Attorney Not Necessary . A Complainant, Respondent, or other person who testifies or presents evidence at the hearing may, but need not be, represented by an attorney. (3-31-22)
06. Written Presentation . If a person has already testified or presented evidence at the hearing and wishes to contradict testimony or evidence subsequently presented, that person is not entitled to be heard again, but may make a written presentation to the hearing officer. (3-31-22)
07. Tape Recording of Proceedings . The proceedings shall be tape-recorded by and at the expense of the Election Division. The recording shall not be transcribed as a matter of course, but the Election Division, or any party may obtain a transcript at its own expense. If a party obtains a transcript, the party shall file a copy as part of the record, and any other interested person may examine the record copy. (3-31-22)
08. Filing of Written Brief or Memorandum . Any party to the proceedings may file a written brief or memorandum within five (5) business days after the conclusion of the hearing. No responsive or reply memoranda will be accepted except with the specific authorization of the hearing officer. (3-31-22)

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