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Idaho Code § 67-5276

Additional evidence

Known as the Idaho Administrative Procedure Act

The act spans §§ 67–67 (54 sections).

Applied in 4 court decisions — leading case Crown Point Development, Inc. v. City of Sun Valley (2007)

Most recently applied in Crown Point Development, Inc. v. City of Sun Valley (March 2007)

I.C., § 67-5276, as added by 1992, ch. 263, § 48, p. 783.

How often courts cite this section

2003200720
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) If, before the date set for hearing, application is made to the court for leave to present additional evidence and it is shown to the satisfaction of the court that the additional evidence is material, relates to the validity of the agency action, and that: there were good reasons for failure to present it in the proceeding before the agency, the court may remand the matter to the agency with directions that the agency receive additional evidence and conduct additional factfinding.

(2) there were alleged irregularities in procedure before the agency, the court may take proof on the matter.

(3) The agency may modify its action by reason of the additional evidence and shall file any modifications, new findings, or decisions with the reviewing court.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.