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The Idaho Administrative Rulemaking Process

 
Idaho’s administrative rulemaking process is governed by the Idaho Administrative Procedure Act, Idaho Code §§ 67-5201 et seq., and contains five distinct stages:
  • Proposed;
  • Negotiated;
  • Temporary;
  • Pending; and
  • Final rulemaking.

The following discussion describes each of the rulemaking stages.
 
Proposed
Idaho Code §§ 67-5221 through 67-5223		 Proposed rulemaking is the stage in which the agency proposes to amend or repeal an existing rule or to adopt a new rule. Prior to the adoption, amendment or repeal of a rule, the agency shall publish the text of the proposed rule along with a notice of proposed rule in the Idaho Administrative Bulletin. During this stage, the public is invited to submit comments to the agency.
Negotiated
Idaho Code § 67-5220		 Negotiated rulemaking is an optional process in which all interested parties and the agency seek a consensus on the content of the rule. Agencies are encouraged to proceed through this informal stage whenever it is feasible to do so. This stage is initiated with the publication of a Notice of Negotiated Rulemaking in the Idaho Administrative Bulletin. This process leads to the proposed and/or temporary rulemaking stages.
Temporary
Idaho Code § 67-5226		 If the Governor finds that temporary adoption of the rule (a) protects the public health, safety, or welfare; (b) complies with deadlines in amendments to governing law or federal programs; or (c) confers a benefit, the agency may proceed with temporary rulemaking. A temporary rule may become effective immediately upon adoption and expires upon conclusion of the next succeeding regular legislative session unless extended by concurrent resolution. Once the temporary rule is adopted, the agency shall publish the text of the temporary rule along with a notice of temporary rule in the Idaho Administrative Bulletin. In the case where the text of the temporary rule is the same as that of the proposed rule, the rulemaking can be combined and published in the Idaho Administrative Bulletin as a temporary/proposed rule.
Pending
Idaho Code §§ 67-5224 and 67-5227		 A pending rule is a rule that has been adopted by an agency under the regular rulemaking process and remains subject to legislative review before become final and effective. Once the pending rule is adopted, the agency shall publish a notice of pending rule in the Idaho Administrative Bulletin. If the rule varies in content from that which was initially proposed, the pending rule shall accompany the notice in the Idaho Administrative Bulletin. A pending rule shall be submitted to the legislature for review before becoming final and effective.
Final
Idaho Code § 67-5224		 Unless specified otherwise, a pending rule that has been submitted for review and approved by the legislature will become final and effective upon conclusion of that legislative session. Final rules are annually codified in the Idaho Administrative Code.
   

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