STATE GOVERNMENT AND STATE AFFAIRS
IDAHO ADMINISTRATIVE PROCEDURE ACT
67-5206. Promulgation of rules implementing administrative procedure act. (1) In accordance with the rulemaking requirements of this chapter, the administrative rules coordinator shall promulgate rules implementing the provisions of sections 67-5203, 67-5204 and 67-5205, Idaho Code. The rules shall:
(a) Establish a uniform numbering system applicable to rules adopted by all agencies;
(b) Establish a uniform style and format applicable to rules adopted by all agencies;
(c) Establish a publication schedule for the bulletin and the administrative code, including deadlines for the submission of documents to be included within each publication;
(d) Establish a uniform indexing system for agency orders; and
(e) Include such other rules as the coordinator deems necessary to implement the provisions of sections 67-5203, 67-5204 and 67-5205, Idaho Code, and this section.
(2) In accordance with the rulemaking requirements of this chapter, the attorney general shall promulgate rules of procedure appropriate for use by as many agencies as possible. The rules shall deal with all general functions and duties performed in common by several agencies.
(3) In accordance with the rulemaking requirements of this chapter, the attorney general shall promulgate rules implementing the provisions of sections 67-5220 through 67-5232, Idaho Code. The rules shall specify:
(a) The form and content for petitions requesting an opportunity for an oral presentation in a substantive rulemaking;
(b) Procedures for the creation of a record of comments received at any oral presentation;
(c) The standards by which exemptions from regular rulemaking requirements will be authorized to correct typographical errors, transcription errors, or clerical errors;
(d) The form and content for a petition for the adoption of rules and the procedure for its submission, consideration and disposition;
(e) Procedures to facilitate negotiated rulemaking;
(f) The form and content of a petition for a declaratory ruling on the applicability of statutes or regulations; and
(g) Such other provisions as may be necessary or useful.
(4) In accordance with the rulemaking requirements of this chapter, the attorney general shall promulgate rules implementing the provisions of sections 67-5240 through 67-5255, Idaho Code. The rules shall specify:
(a) Form and content to be employed in giving notice of a contested case;
(b) Procedures and standards required for intervention in a contested case;
(c) Procedures for prehearing conferences;
(d) Format for pleadings, briefs, and motions;
(e) The method by which service shall be made;
(f) Procedures for the issuance of subpoenas, discovery orders, and protective orders if authorized by other provisions of law;
(g) Qualifications for persons seeking to act as a representative for parties to contested cases;
(h) Procedures to facilitate informal settlement of matters; and
(i) Procedures for placing ex parte contacts on the record.
(5)(a) After July 1, 1993, the rules promulgated by the attorney general under this section shall apply to all agencies that do not affirmatively promulgate alternative procedures after the promulgation of the rules by the attorney general. The rules promulgated by the attorney general shall supersede the procedural rules of any agency in effect on June 30, 1993, unless that agency promulgates its own procedures as provided in paragraph (b) of this subsection.
(b) After July 1, 1993, an agency that promulgates its own procedures shall include in the rule adopting its own procedures a finding that states the reasons why the relevant portion of the attorney general’s rules were inapplicable to the agency under the circumstances.
(6) With respect to contested cases and other proceedings conducted by the office of administrative hearings as authorized by this chapter, rules promulgated by the attorney general or any agency pursuant to subsection (4) of this section shall remain in full force and effect, except with respect to hearing officer qualifications, until such time as the office of administrative hearings promulgates replacement rules, and thereafter such rules of the office of administrative hearings shall govern unless otherwise required by governing federal law.
[67-5206, added 1992, ch. 263, sec. 7, p. 791; am. 1993, ch. 216, sec. 104, p. 673; am. 2022, ch. 287, sec. 2, p. 912.]