67-5201. DEFINITIONS. As used in this chapter: (1) "Administrative code" means the Idaho administrative code established in this chapter. (2) "Agency" means each state board, commission, department or officer authorized by law to make rules or to determine contested cases, but does not include the legislative or judicial branches, executive officers listed in section 1, […]
67-5202. OFFICE OF THE ADMINISTRATIVE RULES COORDINATOR. (1) There is hereby established the office of the administrative rules coordinator in the division of financial management. The coordinator shall be a nonclassified employee and shall be appointed by and serve at the pleasure of the administrator of the division of financial management. All other employees of […]
67-5203. PUBLICATION OF ADMINISTRATIVE BULLETIN. (1) All documents required or authorized in this chapter or by other provision of law to be published shall initially be published electronically in the bulletin. The bulletin shall be published electronically by the administrative rules coordinator not less frequently than the first Wednesday of each calendar month, but not […]
67-5204. PUBLICATION OF ADMINISTRATIVE CODE. (1) The administrative rules coordinator shall every year publish electronically a publication to be known as the "Idaho Administrative Code." (2) The administrative code shall be a codification of: (a) All executive orders of the governor that have been published in the bulletin and have not been rescinded; (b) The […]
67-5205. FORMAT — COSTS — DISTRIBUTION — FUNDS. (1) The administrative code and the permanent supplements thereto shall be published in such a manner that every agency has an opportunity to procure, at reasonable cost from the coordinator, individual electronic copies of the rules and statements of policy of such agency published by authority of […]
67-5206. PROMULGATION OF RULES IMPLEMENTING ADMINISTRATIVE PROCEDURE ACT. (1) In accordance with the rulemaking requirements of this chapter, the administrative rules coordinator shall promulgate rules implementing the provisions of sections 67-5203, 67-5204 and 67-5205, Idaho Code. The rules shall: (a) Establish a uniform numbering system applicable to rules adopted by all agencies; (b) Establish a […]
67-5207. SHORT TITLE. This chapter may be cited as the "Idaho Administrative Procedure Act." History: [67-5207, added 1992, ch. 263, sec. 8, p. 793.]
67-5220. NOTICE OF INTENT TO PROMULGATE RULES — NEGOTIATED RULEMAKING. (1) Prior to the adoption, amendment or repeal of a rule, an agency shall determine whether negotiated rulemaking is feasible. The agency’s determination of whether negotiated rulemaking is feasible is not subject to judicial review. If the agency determines that negotiated rulemaking is feasible, it […]
67-5221. PUBLIC NOTICE OF PROPOSED RULEMAKING. (1) Prior to the adoption, amendment, or repeal of a rule, the agency shall publish notice of proposed rulemaking in the bulletin. The notice of proposed rulemaking shall include: (a) The specific statutory authority for the rulemaking, including a citation to the specific section of the Idaho Code that […]
67-5222. PUBLIC PARTICIPATION. (1) Prior to the adoption, amendment, or repeal of a rule, the agency shall afford all interested persons reasonable opportunity to submit data, views and arguments, orally or in writing. The agency shall receive comments for not less than twenty-one (21) days after the date of publication of the notice of proposed […]
67-5223. INTERIM LEGISLATIVE REVIEW — STATEMENT OF ECONOMIC IMPACT. (1) After notice of proposed rulemaking is filed with the coordinator, the coordinator, after making technical corrections as authorized in section 67-5202, Idaho Code, shall provide the notice, accompanied by the full text of the rule under consideration in legislative format, as well as a statement […]
67-5224. PENDING RULE — FINAL RULE — EFFECTIVE DATE. (1) Prior to the adoption, amendment, or repeal of a rule, the agency shall consider fully all written and oral submissions respecting the proposed rule. (2) Subject to the provisions of subsection (3) of this section, the agency shall publish the text of a pending rule […]
67-5225. RULEMAKING RECORD. (1) Prior to the adoption, amendment, or repeal of a rule, the agency shall prepare a rulemaking record. The record shall be maintained in the main offices of the agency. (2) The rulemaking record shall be available for public inspection and copying. The rulemaking record must contain: (a) copies of all publications […]
67-5226. TEMPORARY RULES. (1) If the governor finds that: (a) Protection of the public health, safety, or welfare; or (b) Compliance with deadlines in amendments to governing law or federal programs; or (c) Conferring a benefit; requires a rule to become effective before it has been submitted to the legislature for review the agency may […]
67-5227. VARIANCE BETWEEN PENDING RULE AND PROPOSED RULE. An agency may adopt a pending rule that varies in content from that which was originally proposed if the subject matter of the rule remains the same, the pending rule is a logical outgrowth of the proposed rule, and the original notice was written so as to […]
67-5228. EXEMPTION FROM REGULAR RULEMAKING PROCEDURES. An agency may amend a pending rule to correct typographical errors, transcription errors, or clerical errors without compliance with regular rulemaking procedures when the amendments are approved by the coordinator. Such amendments become incorporated in the pending rule upon publication in the bulletin. History: [67-5228, added 1992, ch. 263, […]
67-5229. INCORPORATION BY REFERENCE. (1) If the incorporation of its text in the agency rules would be unduly cumbersome, expensive, or otherwise inexpedient, an agency may incorporate by reference in its rules and without republication of the incorporated material in full, all or any part of: (a) A code, standard or rule adopted by an […]
67-5230. PETITION FOR ADOPTION, AMENDMENT, REPEAL, OR WAIVER OF RULES. (1) Any person may petition an agency requesting the adoption, amendment, or repeal of a rule. The agency shall: (a) Deny the petition in writing, stating its reasons for the denial; or (b) Initiate rulemaking proceedings in accordance with this chapter. (2) Any person may […]
67-5231. INVALIDITY OF RULES NOT ADOPTED IN COMPLIANCE WITH THIS CHAPTER — TIME LIMITATION. (1) Rules may be promulgated by an agency only when specifically authorized by statute. A temporary or final rule adopted and becoming effective after July 1, 1993, is voidable unless adopted in substantial compliance with the requirements of this chapter. (2) […]
67-5232. DECLARATORY RULINGS BY AGENCIES. (1) Any person may petition an agency for a declaratory ruling as to the applicability of any statutory provision or of any rule administered by the agency. (2) A petition for a declaratory ruling does not preclude an agency from initiating a contested case in the matter. (3) A declaratory […]
