Rulemaking Process
Overview
The administrative rules process in Idaho, governed by the Administrative Procedure Act (APA), ensures transparency, public participation, and legislative oversight in rulemaking. Agencies initiate the process by publishing a notice of intent to promulgate a rule, inviting public input and discussion. Public participation may include negotiated rulemaking, public meetings, and/or written comments. Once an agency finalizes the Proposed rule, it is then published in the Idaho Administrative Bulletin for final review. Following public feedback and the closing of the public comment period, the Pending rule is then submitted to the Legislature for approval. Finally, once the Pending rule is approved by a concurrent resolution, the final rule takes effect upon July 1st of that year unless otherwise determined by the legislature.
Initiation & Planning
The rulemaking process begins when an agency initiates rulemaking, often in response to changes in statutory law or a scheduled review. First, the agency prepares and submits an Administrative Rules Request Form (ARRF) to the Division of Financial Management (DFM) and the Governor’s Office for review and approval. If approved, the agency then prepares and submits a Notice of Intent to Promulgate the rule along with any other required documents to the Office of the Administrative Rules Coordinator (OARC) to be published in the monthly Bulletin.
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Notice & Negotiation
Notice of intent published. The notice is generally accompanied by one or more scheduled meetings to engage public and stakeholder input on the formulation of a new rule or rule changes. Meeting information is included in the Bulletin and posted to Townhall Idaho and to the agency’s website.
Proposal & Review
Following all negotiations, the Proposed Rule, along with any other required documents, is submitted to OARC to be published in the monthly Bulletin. Following publication of the Proposed Rule, the agency must allow no less than 21 days to provide any final feedback on the proposed changes.
Public Feedback & Finalization
Following the 21-day comment period and any final feedback, the agency submits the Pending Rule along with any other required documents to OARC to be published in the monthly Bulletin. The Pending Rule may or may not be the same as the Proposed Rule.
Legislative Review & Codification
The Pending rule is reviewed by the Legislature. If approved, it is published as final and codified in the Administrative Code on July 1st of that same year.