Idaho Bills

Amends existing law to revise provisions regarding adoption of a temporary rule and regarding legislative review of incorporated material, to provide that an agency shall make incorporated material available on its website, and to require the periodic review of administrative rules.

Amends existing law to provide for when pending fee and non-fee rules shall become effective.

This legislation sets a default effective date of July 1 for all pending rules approved by the Legislature. This legislation will also ensure that all rules reviewed and approved this session will go into effect on July 1, unless the concurrent resolution states otherwise.

Amends existing law to revise provisions regarding contested cases and the Office of Administrative Hearings.

Since 1992 when the definition of contested case was added to IDAPA, the proceedings of the Idaho Personnel Commission and driver’s license suspension contested case hearings at ITD had been contested cases under I.C. § 67-5240. With the passage of H.B. 629 (2022) which created the Office of Administrative Hearings, it appearstherewasadesiretoexempttheIdahoPersonnelCommissionanddriver’slicensesuspensioncontested case hearings at ITD from the Office of Administrative Hearings. In reality, H.B. 629 (2022) exempted these hearings from IDAPA entirely. This bill reverses the change made in 2022 to the definition of contested case and instead exempts them from the required use of the Office of Administrative Hearings. The Idaho Personnel Commission and ITD were consulted on this bill and do not oppose it.