TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 52

IDAHO ADMINISTRATIVE PROCEDURE ACT

67-5225.  Rulemaking record. (1) Prior to the adoption, amendment, or repeal of a rule, the agency shall prepare a rulemaking record. The record shall be maintained in the main offices of the agency.

(2)  The rulemaking record shall be available for public inspection and copying. The rulemaking record must contain:

(a)  copies of all publications in the bulletin;

(b)  all written petitions, submissions, and comments received by the agency and the agency’s response to those petitions, submissions, and comments;

(c)  all written materials considered by the agency in connection with the formulation, proposal, or adoption of the rule;

(d)  a record of any oral presentations, any transcriptions of oral presentations, and any memorandum prepared by a presiding officer summarizing the contents of the presentations; and

(e)  any other materials or documents prepared in conjunction with the rulemaking.

(3)  Except as otherwise required by a provision of law, the rulemaking record need not constitute the exclusive basis for agency action on that rule or for judicial review thereof.

(4)  The record required in this section shall be maintained by the agency for a period of not less than two (2) years after the effective date of the rule.

History:

[67-5225, added 1992, ch. 263, sec. 15, p. 799; am. 1995, ch. 270, sec. 1, p. 869.]