TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 52

IDAHO ADMINISTRATIVE PROCEDURE ACT

67-5201.  Definitions. As used in this chapter:

(1)  "Administrative code" means the Idaho administrative code established in this chapter.

(2)  "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.

(3)  "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.

(4)  "Agency action" means:

(a)  The whole or part of a rule or order;

(b)  The failure to issue a rule or order; or

(c)  An agency’s performance of, or failure to perform, any duty placed on it by law.

(5)  "Agency head" means an individual or body of individuals in whom the ultimate legal authority of the agency is vested by any provision of law.

(6)  "Bulletin" means the Idaho administrative bulletin established in this chapter.

(7)  "Chief administrative hearing officer" means the administrator of the office of administrative hearings created pursuant to section 67-5280, Idaho Code.

(8)  "Contested case" means a proceeding that results in the issuance of an order.

(9)  "Coordinator" means the administrative rules coordinator prescribed in section 67-5202, Idaho Code.

(10) "Document" means any executive order, notice, rule or statement of policy of an agency.

(11) "Final rule" means a rule that has been approved by the legislature and is in effect.

(12) "Hearing officer" means the chief administrative hearing officer and any hearing officers appointed by him pursuant to sections 67-5281 through 67-5283, Idaho Code, or a person appointed by an agency or board to hear a contested case.

(13) "License" means the whole or part of any agency permit, certificate, approval, registration, charter, or similar form of authorization required by law, but does not include a license required solely for revenue purposes.

(14) "Official text" means the text of a document issued, prescribed, or promulgated by an agency in accordance with this chapter and is the only legally enforceable text of such document. Judicial notice shall be taken of all documents issued, prescribed, or promulgated in accordance with this chapter.

(15) "Order" means an agency action of particular applicability that determines the legal rights, duties, privileges, immunities, or other legal interests of one (1) or more specific persons.

(16) "Party" means each person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party.

(17) "Pending fee rule" means any pending rule all or a portion of which imposes or increases a fee or charge.

(18) "Pending non-fee rule" means any pending rule that is not a pending fee rule.

(19) "Pending rule" means a proposed rule that an agency has adopted under the regular rulemaking process but remains subject to legislative review, is not a final rule, and is not in effect.

(20) "Person" means any individual, partnership, corporation, association, governmental subdivision or agency, or public or private organization or entity of any character.

(21) "Proposed rule" means an agency proposal that has been adopted and remains subject to review by the legislature.

(22) "Provision of law" means all or a part of the state or federal constitution, or of any state or federal:

(a)  Statute; or

(b)  Rule or decision of court.

(23) "Publish" means to bring before the public by publication in the bulletin or administrative code, by electronic means or as otherwise specifically provided by law.

(24) "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:

(a)  Law; or

(b)  The procedure or practice requirements of an agency. The term includes the amendment, repeal, or suspension of an existing rule, but does not include:

(i)   Statements concerning only the internal management or internal personnel policies of an agency and not affecting private rights of the public or procedures available to the public; or

(ii)  Declaratory rulings issued pursuant to section 67-5232, Idaho Code; or

(iii) Intra-agency memoranda; or

(iv)  Any written statements given by an agency that pertain to an interpretation of a rule or to the documentation of compliance with a rule.

(25) "Rule chapter" means the numeric designation of a grouping of related agency rules by the coordinator.

(26) "Rulemaking" means the process for formulation and adoption of a rule.

(27) "Standard" means a manual, guideline, criterion, specification, requirement, measurement or other authoritative principle providing a model or pattern in comparison with which the correctness or appropriateness of specified actions, practices or procedures may be determined.

(28) "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.

(29) "Temporary rule" means a rule authorized by the governor to become effective before it has been submitted to the legislature for review.

History:

[67-5201, added 1965, ch. 273, sec. 1, p. 701; am. 1980, ch. 213, sec. 1, p. 485; am. 1981, ch. 192, sec. 1, p. 339; am. 1986, ch. 318, sec. 1, p. 783; am. 1992, ch. 263, sec. 1, p. 786; am. 1993, ch. 216, sec. 101, p. 670; am. 1996, ch. 161, sec. 1, p. 530; am. 2000, ch. 203, sec. 3, p. 511; am. 2010, ch. 20, sec. 1, p. 33; am. 2022, ch. 287, sec. 1, p. 910; am. 2023, ch. 314, sec. 1, p. 956.]