(1) Any person may petition an agency for a declaratory ruling as to the applicability of any statutory provision or of any rule administered by the agency.
(2)  A petition for a declaratory ruling does not preclude an agency from initiating a contested case in the matter.
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Terms Used In Idaho Code 67-5232

  • 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
  • Contested case: means a proceeding that results in the issuance of an order. See Idaho Code 67-5201
  • Person: means any individual, partnership, corporation, association, governmental subdivision or agency, or public or private organization or entity of any character. 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 67-5201
    (3)  A declaratory ruling issued by an agency under this section is a final agency action.