(1) Prior to the adoption, amendment, or repeal of a rule, the agency shall prepare a rulemaking record. The record shall be maintained in the main offices of the agency.
(2)  The rulemaking record shall be available for public inspection and copying. The rulemaking record must contain:
(a)  copies of all publications in the bulletin;
(b)  all written petitions, submissions, and comments received by the agency and the agency’s response to those petitions, submissions, and comments;
(c)  all written materials considered by the agency in connection with the formulation, proposal, or adoption of the rule;
(d)  a record of any oral presentations, any transcriptions of oral presentations, and any memorandum prepared by a presiding officer summarizing the contents of the presentations; and
(e)  any other materials or documents prepared in conjunction with the rulemaking.
lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Idaho Code 67-5225

  • 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
  • Agency action: means :
Idaho Code 67-5201
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Bulletin: means the Idaho administrative bulletin established in this chapter. See Idaho Code 67-5201
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Provision of law: means all or a part of the state or federal constitution, or of any state or federal:
    • 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 67-5201
  • Rulemaking: means the process for formulation and adoption of a rule. See Idaho Code 67-5201
    • (3)  Except as otherwise required by a provision of law, the rulemaking record need not constitute the exclusive basis for agency action on that rule or for judicial review thereof.
    (4)  The record required in this section shall be maintained by the agency for a period of not less than two (2) years after the effective date of the rule.