Idaho Bills
6 bills · 2025 Regular Session
Adds to existing law to establish provisions regarding the issuance of a subpoena in a contested case.
Although subpoenas are generally permitted in administrative contested cases, Idaho’s Administrative Procedure Act is currently silent on procedures and enforcement. This bill outlines the parameters for the requests, issuance, service, and enforcement of such subpoenas.
Mike Pohanka · HD-026A
34 – 0
Amends existing law to remove provisions regarding legislative review of rules and to revise provisions regarding legislative review of rules.
Amending the Code regarding Legislative Review of Administrative Rules to require concurrent resolution when rejecting an existing (final) rule, setting the termination time of June 30th of the year the rule is rejected. Additionally,allowstheexpirationoftemporary,orfeeandnon-feerulestobestatedintheconcurrentresolution as an alternative to sine die.
Vito Barbieri · HD-003A
62 – 5
Amends existing law to establish provisions regarding temporary rules, to revise provisions regarding temporary rules, and to provide for the sunset review of rules.
The legislature recognizes there are times when the use of temporary rules is needed to bridge the gap until pending rules can be considered during the legislative session. This proposed legislation would place some process parameters, additional guidelines, and reporting requirements when temporary rules are employed to meet that need.
Jim Guthrie · SD-028
60 – 8
Amends existing law to revise provisions regarding the sunset review of administrative rules.
Amending the Idaho Administrative Procedure Act to sunset Administrative Rules on an 8 year schedule beginning July 1, 2026. Additionally, an agency intending to renew a rule chapter must prepare a statement justifying the benefits versus costs, including the cost of the agency to monitor and enforce the rule.
Vito Barbieri · HD-003A
Adds to existing law to establish provisions regarding expiration on rulemaking authority.
Adding a new section regarding the expiration of rulemaking authority of agencies. On or after July 1, 2025 agenciesmustpromulgateruleswithin10yearsoftheapplicablestatute’s(orregulation’s)becominglaw. After 10 years from July 1, 2025, agencies have 2 years, where the statute confers rulemaking.
Vito Barbieri · HD-003A
Amends, repeals, and adds to existing law to revise the procedures for the conducting of contested cases.
Idaho’s Administrative Procedure Act, which governs the conduct of contested cases before Idaho’s administrative agencies, is largely based upon the 1961 Model State Administrative Procedure Act (“MSAPA”), with selected updates and Idaho-specific modifications since it was initially codified in 1992. Modern practice, and related developments in administrative law, warrant an update to several provisions of the Idaho Administrative Procedure Act. This bill also updates the 1961 MSAPA references to “hearing officer,” in referring to hearing officers employed full-time in the Office of Administrative Hearing, to the modern parlance of “administrative law judge,” which has been in use in other jurisdictions since the 1981 version of the MSAPA. Finally, this bill cleans up references in other parts of the Idaho Code to the Idaho Rules of Administrative Procedure of the Attorney General, which was eliminated upon the introduction of the new Idaho Rules of Administrative Procedure, created and maintained by the Office of Administrative Hearings, on July 1, 2024.
Chris Bruce · HD-023A
35 – 0