Rulemaking for IDAPA 20.01.01

DOCKET: 20-0101-2301

Purpose of Rule

Since IDAPA 20.01.01 governs the practice and procedure in contested cases before the State Board of Land Commissioners (Land Board) and the Idaho Department of Lands (Department), it protects citizens’ due process rights.

This rule chapter implements the following statutes passed by the Idaho Legislature:
Idaho Code 58-104 State Land Board – Powers and Duties
Idaho Code 67-5206(5)(b) – Promulgation of Rules Implementing Administrative Procedure Act

Following Executive Order 2020-01, Zero-Based Regulation, this rule chapter is scheduled for a comprehensive review in 2023 with the goal of simplifying the rules for increased clarity and ease of use.

Current Status

Pending Rule approved within Senate Concurrent Resolution (SCR126) by the Idaho Legislature. Final rules effective July 1, 2024.

Pending Rulemaking

Section 67-5201(19), Idaho Code, defines a pending rule as a rule that has been adopted by an agency under regular rulemaking procedures and remains subject to legislative review prior to becoming final and effective. It is, therefore, “pending” legislative review for final approval. The agency adopts the pending rule and after publication in the Bulletin, this is version of the rule that is submitted for legislature review for final approval.

Land Board Memo 11/21/2023 – Adoption of Pending Rule

Zero-Based Prospective Analysis Form

A Notice of Pending Rulemaking and the accompanying Pending Rule Text was published in the January 3, 2024 Idaho Administrative Bulletin (Vol.24-1 pages 129-130). Only sections containing changes are presented.

Complete Pending Fee Rule Text in a Redline/Strikethrough Format
Pending rules are not enforceable; they are pending review by the Idaho Legislature before becoming final and effective.

Proposed Rulemaking

A proposed rule is a formal, written proposal by an agency to change a rule. 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. A notice and the text of the proposed rule are published in the August Idaho Administrative Bulletin.

Notice of Proposed Rulemaking and Proposed Rule Text, August 2, 2023, Idaho Administrative Bulletin, pages 153-176.

The Proposed Rule Text shows changes in legislative format (deleted text in the blue strikethrough, and new text is in the red underlined).

Proposed Rulemaking Comment Period ended on August 23, 2023 and no public comments were received.

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.
Notice of Intent to Promulgate Rules – Negotiated Rulemaking, May 3, 2023 Idaho Administrative Bulletin, pages 163 – 164
Land Board memo 03/21/2023– Approval to initiate negotiated rulemaking
Negotiated Rulemaking Summary – Posted 8/23/2023

Public Meetings

Draft Rule Changes

Written Comments

Research Material

Public Meetings

Draft Rule Changes

Written Comments

Research Material

Submit Written Comments

Proposed Rulemaking Comment Period ended on August 23, 2023

How to send your comments:

Through our website: Submit a comment

By mail to:
Idaho Department of Lands
Scott Phillips, Policy and Communications Chief
Attn: Rulemaking
P.O. Box 83720
Boise, Idaho 83720-0050

By fax to: (208) 334-3698

By email to: rulemaking@idl.idaho.gov
If you have a hughes.net email address, we might have difficulty receiving your email and encourage you to send your comments by postal mail or by using our online comment form.

Contact

Scott Phillips
Policy and Communications Chief
Idaho Department of Lands
(208) 334-0294
sphillips@idl.idaho.gov