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| The Board of Environmental Quality is a rulemaking and advisory body created by the Environmental Protection and Health Act, Idaho Code Title 39, Chapter 1, Section 107. |
| Powers and Authorities |
Rulemaking |
| By an affirmative vote of four of its members, the Board may adopt, amend or repeal the rules, codes, and standards of DEQ that are necessary and feasible to carry out its purposes and provisions of the Environmental Protection and Health Act and to enforce the laws of the state. DEQ, with assistance from the attorney general's office, is responsible for drafting rules for consideration by the Board. Two basic types of rules—proposed and temporary—may be presented to the Board for adoption. Rules adopted by the Board have the force of law, but are subject to legislative review. |
Hearings |
| Anyone aggrieved by the action or inaction of the department may request a hearing by the Board or a Board-designated hearing officer. Likewise, Board determinations may be petitioned for judicial review. |
| Rulemaking proceedings and hearings of the Board are governed by the Idaho Administrative Procedures Act (Idaho Code Title 67, Chapter 52). |
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