RULE 1. TITLE, SCOPE, AND DEFINITIONS

A. Title and Scope. These rules shall be cited as the Judicial Rules of Practice and Procedure Under the Idaho Workers' Compensation Law, or abbreviated as JRP, and shall apply in all disputed cases coming under the Commission's jurisdiction. Any party to a controversy may apply to the Commission for relief, and the Commission shall make such order, ruling or award as it determines is reasonable and just. However, where the Commission in an administrative rule or regulation adopts a procedure for adjudication of a specific type of dispute, these rules shall apply only to the extent expressly incorporated therein. Pursuant to Idaho Code § 72-708 the Commission will construe these rules liberally to secure the just, speedy, and economical determination of all issues. The JRP effective March 23, 2020, address precautions necessary to support the health and safety of our community, and ensure access to Commission services for Idaho citizens, during the COVID-19 pandemic. Because the Commission cannot foresee all problems that may arise during the current crisis particular issues relating to application of the JRP may be addressed upon motion, at the Commission’s discretion, on a case by case basis.

B. Definitions.

1. “File� or "Filing" is the actual receipt of a document by the Commissionvia email, fax, or physical delivery to the Commission’s main office at 11321 W. Chinden Blvd. (Bldg. #2), Boise, Idaho 83714. To be deemed filed on a particular day, hand delivered or mailed documents must arrive at the Commission’s main office before the close of business at 5:00 p.m., Mountain Time, as shown by the Commission's date stamp. Documents received after 5:00 p.m., Mountain Time, shall be deemed filed the next business day. Documents received via email or fax before midnight, Mountain Time,shall be considered filed on that date, except as otherwise provided by these rules.

2. "Service" or "serve" is the transfer of a document or pleading to the other party or parties. Service may be accomplished by U.S. mail, overnight service, parcel service, email, personal service or facsimile transmission. See JRP Rule 4.

3. "Pro se" shall refer to a person acting as their own legal counsel in matters before the Commission.

4. "Commission" means the Idaho Industrial Commission and shall include one or more of the three Commissioners, any Referee, Mediator, or any other person to whom the Commissioners have delegated any part of their authority.

5. "Default" is the failure of a party to answer when required within a specified time period. See JRP Rule 6.

6. "Prima facie" is the first appearance of evidence that, on its face, is sufficient to establish a fact. A prima facie case is established by providing sufficient evidence to prove eligibility for benefits. See JRP Rule 6.

7. "De novo" is a process in which a prior decision or determination is reviewed with a fresh analysis of the pleadings, testimony, and exhibits