Idaho Code 67-5224 – Pending Rule
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(1) Prior to the adoption of a rule, the agency shall consider fully all written and oral submissions respecting the proposed rule.
(2) Subject to the provisions of subsection (3) of this section, the agency shall publish the text of a pending rule and a notice of adoption of the pending rule in the bulletin. The notice of adoption of the pending rule shall consist of a concise explanatory statement containing:
(a) Reasons for adopting the rule;
(b) Any changes between the text of the proposed rule and the text of the pending rule with the reasons for any changes;
(c) The date on which the pending rule will become final and effective, as provided in section 67-5291(5), Idaho Code, and a statement that the pending rule must be approved by concurrent resolution of the legislature;
(d) An identification of any pending fee rule and a statement that this pending fee rule shall not become final and effective unless affirmatively approved by concurrent resolution of the legislature;
(e) The specific statutory authority for the rulemaking including a citation to the specific section of the Idaho Code that has occasioned the rulemaking, or the federal statute or regulation if that is the basis of authority or requirement for the rulemaking; and
(f) Except as otherwise required in paragraph (g) of this subsection, a specific description, if applicable, of any negative fiscal impact on the state general fund greater than ten thousand dollars ($10,000) during the fiscal year when the pending rule will become effective; provided however, that notwithstanding section 67-5231, Idaho Code, the absence or accuracy of a fiscal impact statement provided pursuant to this paragraph shall not affect the validity or the enforceability of the rule; or
(g) If a notice of proposed rulemaking of the Idaho state tax commission, a specific description of any negative or positive fiscal impact greater than ten thousand dollars ($10,000) during the fiscal year when the pending rule will become effective; provided however, notwithstanding section 67-5231, Idaho Code, the absence or accuracy of a fiscal impact statement provided pursuant to this paragraph shall not affect the validity or the enforceability of the rule.
Terms Used In Idaho Code 67-5224
- Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
- Agency: means each state board, commission, department or officer authorized by law to make rules or to determine contested cases, but does not include the legislative or judicial branches, executive officers listed in section 1, article IV of the constitution of the state of Idaho in the exercise of powers derived directly and exclusively from the constitution, the state militia or the state board of correction. See Idaho Code 67-5201
- Bulletin: means the Idaho administrative bulletin established in this chapter. See Idaho Code 67-5201
- Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
- Coordinator: means the administrative rules coordinator prescribed in section 67-5202, Idaho Code. See Idaho Code 67-5201
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Pending fee rule: means any pending rule all or a portion of which imposes or increases a fee or charge. See Idaho Code 67-5201
- Pending rule: means a proposed rule that an agency has adopted under the regular rulemaking process but remains subject to legislative review, is not a final rule, and is not in effect. See Idaho Code 67-5201
- Proposed rule: means an agency proposal that has been adopted and remains subject to review by the legislature. See Idaho Code 67-5201
- Publish: means to bring before the public by publication in the bulletin or administrative code, by electronic means or as otherwise specifically provided by law. See Idaho Code 67-5201
- Rule: means all or a part of an agency statement of general applicability that has been promulgated in compliance with the provisions of this chapter and that implements, interprets, enforces, or prescribes:
Idaho Code 67-5201Rulemaking: means the process for formulation and adoption of a rule. See Idaho Code 67-5201 State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114 Statute: A law passed by a legislature.
(3) With the permission of the coordinator, the agency need not publish in full the text of the pending rule if no significant changes have been made from the text of the proposed rule as published in the bulletin, but the notice of adoption of the pending rule must cite the volume of the bulletin where the text is available and note all changes that have been made.
(4) An agency shall not publish a pending rule until at least seven (7) days after the close of all public comment.
(5) Each agency shall provide the coordinator with a description of any pending fee rule, along with a citation of the specific statute authorizing the imposition or increase of the fee or charge. The coordinator shall provide the legislature with a compilation of the descriptions provided by the agencies.
(6) Upon adjournment sine die of the legislature or as soon thereafter as is practicable, the coordinator shall publish the date of adjournment and the date rules became effective and a list of final rules becoming effective on a different date, as provided in section 67-5291, Idaho Code, and temporary rules remaining in effect as provided in section 67-5291, Idaho Code.