Idaho Code 67-5226 – Temporary Rules
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(1) If the governor finds that:
(a) Protection of the public health, safety, or welfare; or
(b) Compliance with deadlines in amendments to governing law or federal programs; or
(c) Conferring a benefit;
requires a rule to become effective before it has been submitted for review, the agency may proceed with such notice as is practicable and adopt a temporary rule, except as otherwise provided in section 67-5229(1)(d), Idaho Code. The agency may make the temporary rule immediately effective. The agency shall incorporate the required finding and a concise statement of its supporting reasons in each rule adopted in reliance upon the provisions of this subsection.
(2) A pending fee rule adopted pursuant to subsection (1) of this section may become effective under this section before it has been approved by concurrent resolution only if the governor finds that the fee or charge is necessary to avoid immediate danger.
Terms Used In Idaho Code 67-5226
- Adopt: means that an agency has, under the regular rulemaking process, promulgated a temporary rule, a new rule chapter, or an amendment or repeal of a final rule that will be submitted for review by the legislature as either a temporary rule or a pending rule. See Idaho Code 67-5201
- 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
- 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
- Proposed rule: means an agency proposal that has been adopted and remains subject to review by the legislature. 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 Submitted for review: means that a rule has been provided to the legislature for review at a regular or special legislative session as provided in section 67-5291, Idaho Code. See Idaho Code 67-5201 Temporary rule: means a rule authorized by the governor to become effective before it has been submitted to the legislature for review. See Idaho Code 67-5201
(3) Temporary rules shall be published in the first available issue of the bulletin.
(4) Temporary rules are not subject to the requirements of section 67-5223, Idaho Code, provided that the coordinator sends a copy of the temporary rules to the director of the legislative services office.
(5) Concurrently with the promulgation of a rule under this section, or as soon as reasonably possible thereafter, an agency shall commence the promulgation of a proposed rule in accordance with the rulemaking requirements of this chapter, unless the temporary rule adopted by the agency will expire by its own terms or by operation of law before the proposed rule could become final.