Rules of Practice and Procedure
IDAPA 02.01.01
The Idaho Administrative Procedure Act requires all agencies to utilize the Idaho Rules of Practice and Procedure of the Attorney General (IDAPA 04.11.01), or promulgate alternative procedures including “a finding that states the reasons why the relevant portion of the attorney general’s rules were inapplicable to the agency under the circumstances.” Idaho Code Section 67-5206(5)(b).
ISDA’s Rules of Practice and Procedure (IDAPA 02.01.01) show an effective date of 1/3/94 and appear in several instances to be an abbreviated version of the Attorney General’s rules. There is no finding stating why the Attorney General’s rules were inapplicable to ISDA.
The Attorney General’s rules are more detailed and are utilized by other Idaho agencies. ISDA’s rules are 23 years old and contain many citation errors because statutes have changed over time. Therefore, the department proposes that the old rule be repealed and the new rule adopt the Attorney General’s rules with a shortened title and updated contact information.
Documents
- Notice of Rulemaking – Repeal
- Notice of Proposed Rule
- Proposed Text
- Notice of Pending Rule – Repeal
- Notice of Pending Rule – Rewrite
No Comments Received.
Questions about the rulemaking process may be directed to: _rulesinfo@ISDA.IDAHO.GOV