TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 52

IDAHO ADMINISTRATIVE PROCEDURE ACT

67-5226.  Temporary rules. (1) If the governor finds that:

(a)  Protection of the public health, safety, or welfare; or

(b)  Compliance with deadlines in amendments to governing law or federal programs; or

(c)  Reducing a regulatory burden that would otherwise impact individuals or businesses;

requires a rule to become effective before it has been submitted for review, the agency may proceed with such notice as is practicable and adopt a temporary rule, except as otherwise provided in section 67-5229(1)(d), Idaho Code. The agency may make the temporary rule immediately effective. The agency shall incorporate the required finding and a concise statement of its supporting reasons in each rule adopted in reliance upon the provisions of this subsection.

(2)  A pending fee rule adopted pursuant to subsection (1) of this section may become effective under this section before it has been approved by concurrent resolution only if the governor finds that the fee or charge is necessary to avoid immediate danger.

(3)  Temporary rules shall be published in the first available issue of the bulletin.

(4)  Temporary rules are not subject to the requirements of section 67-5223, Idaho Code, provided that the coordinator sends a copy of the temporary rules to the director of the legislative services office.

(5)  Concurrently with the promulgation of a rule under this section, or as soon as reasonably possible thereafter, an agency shall commence the promulgation of a proposed rule in accordance with the rulemaking requirements of this chapter, unless the temporary rule adopted by the agency will expire by its own terms or by operation of law before the proposed rule could become final.

History:

[67-5226, added 1992, ch. 263, sec. 16, p. 799; am. 1995, ch. 196, sec. 2, p. 687; am. 1996, ch. 161, sec. 7, p. 536; am. 2000, ch. 203, sec. 2, p. 511; am. 2003, ch. 22, sec. 1, p. 92; am. 2010, ch. 20, sec. 4, p. 36; am. 2014, ch. 191, sec. 2, p. 516; am. 2023, ch. 314, sec. 5, p. 961; am. 2024, ch. 220, sec. 1, p. 775.]