The ISDA Rulemaking Process
In Idaho, rulemaking is governed by the Idaho Administrative Procedures Act (“Idaho APA”)(Title 67, Chapter 52, Idaho Code). Rulemaking is conducted by state agencies for a variety of reasons, with three of the most common being the enactment or amendment of a statute by the state Legislature, new regulations adopted by the federal government or receipt of a petition from outside the agency to change or adopt a rule. A stakeholder may petition the agency to initiate rulemaking by completing a Petition to Initiate Rulemaking.
When feasible, negotiated rulemaking is conducted with interested parties, in order to improve the final rule and expedite the rulemaking process by drawing upon shared information, knowledge, expertise and technical abilities. Negotiated rulemaking begins with the publication of a Notice of Negotiated Rulemaking in the Idaho Administrative Bulletin. In the event the ISDA determines that negotiated rulemaking is not feasible, an explanation as to how that determination was made will be published in the Notice of Rulemaking – Proposed Rule. Following negotiation, the agency will publish a Notice of Proposed Rule and the text of the proposed rule. Both documents are published in the Administrative Bulletin, as well as on ISDA’s website.
The Idaho APA provides for public comment as part of the rulemaking process. If you are interested in providing comments on one or more of the proposed rules, you may do so by submitting your comments in writing to the person named in the Notice, or by submitting comments to: _rulesinfo@ISDA.IDAHO.GOV. Please specify the rule name in your comments. Be aware that public comments are part of the rulemaking record and are public record.
After the time for commenting on a proposed rule has passed, and after any hearings which might be held, the agency will publish a Notice of Pending Rule. Pursuant to the Idaho APA, all pending rules are sent to the Legislature for review. Pending rules will become effective when the Legislature adjourns sine die, unless both chambers of the Legislature vote to disapprove a particular pending rule. Rules are compiled in the Idaho Administrative Code and have the force and effect of law.
Questions about the rulemaking process or to be added to the rulemaking distribution list contact: _rulesinfo@ISDA.IDAHO.GOV.