TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 52

IDAHO ADMINISTRATIVE PROCEDURE ACT

67-5221.  Public notice of proposed rulemaking. (1) Prior to the adoption, amendment, or repeal of a rule, the agency shall publish notice of proposed rulemaking in the bulletin. The notice of proposed rulemaking shall include:

(a)  The specific statutory authority for the rulemaking, including a citation to the specific section of the Idaho Code that has occasioned the rulemaking, or the federal statute or regulation if that is the basis of authority or requirement for the rulemaking;

(b)  A statement in nontechnical language of the substance of the proposed rule, including a specific description of any fee or charge imposed or increased;

(c)   Except as otherwise required in paragraph (d) of this subsection, a specific description, if applicable, of any negative fiscal impact on the state general fund greater than ten thousand dollars ($10,000) during the fiscal year when the pending rule will become effective; provided however, that notwithstanding section 67-5231, Idaho Code, the absence or accuracy of a fiscal impact statement provided pursuant to this paragraph shall not affect the validity or the enforceability of the rule;

(d)  If a notice of proposed rulemaking of the Idaho state tax commission, a specific description of any negative or positive fiscal impact greater than ten thousand dollars ($10,000) during the fiscal year when the pending rule will become effective; provided however, notwithstanding section 67-5231, Idaho Code, the absence or accuracy of a fiscal impact statement provided pursuant to this paragraph shall not affect the validity or the enforceability of the rule;

(e)  The text of the proposed rule prepared in legislative format;

(f)  The location, date, and time of any public hearings the agency intends to hold on the proposed rule;

(g)  The manner in which persons may make written comments on the proposed rule, including the name and address of a person in the agency to whom comments on the proposal may be sent;

(h)  The manner in which persons may request an opportunity for an oral presentation as provided in section 67-5222, Idaho Code;

(i)  The deadline for public comments on the proposed rule; and

(j)  If negotiated rulemaking was not conducted, an explanation of the agency’s determination that negotiated rulemaking was not feasible.

(2)  (a) Coinciding with each issue of the bulletin, the coordinator shall cause the publication of an abbreviated notice with a brief description of the subject matter, showing any agency’s intent to propose a new or changed rule that is a new addition to that issue of the bulletin. The notice shall be in the form of an official legal notice, as provided for in section 60-105, Idaho Code, and subject to the rates set forth therein.

     The notice shall include the agency name and address, rule number, rule subject matter as provided in subsection (1)(b) of this section, and the comment deadline. The notice shall also include a brief statement that informs citizens where they can view the administrative bulletin in electronic form.

(b)  The coordinator shall cause the notice required in subsection (2)(a) of this section to be published in at least the accepting newspaper of largest paid circulation that is published in each county in Idaho or, if no newspaper is published in the county, then in an accepting newspaper of largest paid circulation published in Idaho and circulated in the county. The newspaper of largest circulation shall be established by the sworn statement of average annual paid weekday issue circulation that has been filed by a newspaper with the United States post office for the calendar year immediately preceding the calendar year during which the advertisement in this section is required to be published.

(3)  Each agency that has a website shall cause the notice required by either subsection (1) or (2) of this section to be placed onto or be accessible from the home page of the agency’s website so that interested persons can view it online.

History:

[(67-5221) 67-5203 added 1965, ch. 273, sec. 3, p. 701; am. 1978, ch. 255, sec. 1, p. 556; am. 1980, ch. 44, sec. 1, p. 73; am. 1980, ch. 212, sec. 1, p. 481; am. 1981, ch. 192, sec. 2, p. 339; am. 1981, ch. 245, sec. 1, p. 489; am. 1983, ch. 4, 1st E.S., sec. 1, p. 23; am. and redesig. 1992, ch. 263, sec. 10, p. 793; am. 1993, ch. 216, sec. 105, p. 674; am. 1993, ch. 245, sec. 3, p. 856; am. 1994, ch. 271, sec. 2, p. 834; am. 1994, ch. 371, sec. 3, p. 1196; am. 1996, ch. 161, sec. 5, p. 534; am. 2005, ch. 129, sec. 1, p. 416; am. 2010, ch. 45, sec. 1, p. 82; am. 2012, ch. 310, sec. 2, p. 857; am. 2013, ch. 284, sec. 1, p. 732.]