Eye On Boise

The hearing officer’s decision…

Hearing officer Merlyn Clark, in his 20-page ruling, detailed how ITD reviewed the proposal for the four ConocoPhillips megaloads and determined they could travel safely - but he also found that the three opponents who sued to block the loads clearly have a "direct and substantial interest" in the matter, and thus must be heard in a contested-case hearing. "The Department must hold formal contested case hearings before the applicants' overlegal loads are allowed to travel under the permit," Clark wrote in his decision. "To allow the loads to travel before a formal contested case hearing is conducted would contravene the right of the parties to intervene and be heard upon the issues as provided under the Rules of Administrative Procedure."

He added, "It is the decision and recommendation of the hearing officer that the department must hold formal contested case hearings before the applicants' overlegal loads are allowed to travel under ther permits." He noted that his decision is a "recommended order," and doesn't become final without action of the agency head. Clark also noted that any party could file for reconsideration of his ruling within 14 days.




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Betsy Z. Russell
Betsy Russell covers Idaho news from the state capitol in Boise and writes the Eye on Boise blog.

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