About Rulemaking

In general, the Legislature first sets broad policy mandates by passing statutes, then state agencies create more detailed administrative rules based on those statutes. Administrative rules are designed to facilitate the implementation of laws. This process allows for the public and more detailed scientific, economic, or industry expertise to help guide how statutes are implemented by state agencies.

The agency must have rulemaking authority in statute and must follow the Idaho Administrative Procedure Act, which outlines requirements for public participation in the rulemaking process. Idaho’s administrative rulemaking process involves multiple states: negotiated, proposed, pending, and final.

Idaho’s Administrative Rules Process

Public participation in negotiated rulemaking:
Negotiated rulemaking is a process in which all interested parties and the agency seek consensus on the content of a rule. Public meetings are an opportunity for all interested persons to discuss possible changes to the rule, and the public may also submit written comments.

Public participation in proposed rulemaking:
A proposed rule is a formal, written proposal by an agency to amend or repeal an existing rule or adopt a new rule. A notice and the text of the proposed rule will be published in the Idaho Administrative Bulletin. The public is invited to submit written comments to the agency during this stage of rulemaking. A public hearing may be held for the public to submit oral comments, and the agency gives written and oral comments the same consideration.

Legislative review of pending rule:
After considering all comments on the proposed rule, the agency may adopt a pending rule. Pending rules are not enforceable; they are pending legislative review before becoming final and effective.

Final rule:
After legislative review and approval, administrative rules that have been promulgated in accordance with the Administrative Procedure Act are considered final rules and have the full force of law. The Office of the Administrative Rules Coordinator codifies final rules in the Idaho Administrative Code.

Temporary rule:
A temporary rule may be effective immediately upon adoption, does not require public participation, and expires at the end of the next regular legislative session. A temporary rule may be adopted only when the governor finds that it is necessary to protect the public health, safety, or welfare of the citizens of Idaho, confer a benefit, or to comply with deadlines in governing law or federal programs.