TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 52

IDAHO ADMINISTRATIVE PROCEDURE ACT

67-5226.  Temporary rules. (1) The legislature finds that temporary rules do not always follow the negotiated rulemaking process. Therefore, to ensure accountability of agency rules to the legislature and to Idaho citizens, temporary rules shall be used only in emergency or other limited situations where negotiated rulemaking is not feasible. Agencies shall make every effort to promulgate rules utilizing the negotiated rulemaking process.

(2)  If the governor finds that:

(a)  An imminent threat to the public health, safety, or welfare from a specified danger that was unknown to the agency prior to or during the most recent session of the legislature or from the measurable worsening of such threat or danger;

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

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

(d)  Protection of citizens’ rights; or

(e)  A natural disaster;

requires a rule to become effective before it has been submitted for legislative review, the governor shall publish a statement explaining why an earlier effective date is required in accordance with the provisions of this section. The agency may then 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 on the provisions of this subsection.

(3)  A pending fee rule adopted pursuant to subsection (2) 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. The governor shall publish a statement explaining why an earlier effective date is required subject to the provisions of subsection (2) of this section, including an explanation as to why the fee or charge is necessary to avoid immediate danger.

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

(5)  Temporary rules shall be subject to the requirements of section 67-5223, Idaho Code.

(6)  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. Such concurrently promulgated proposed rules shall identify the changes from the previous version of the rule adopted by the legislature, if any.

(7)  If a temporary rule expires by its own terms or by operation of law, the promulgating agency may not adopt the same rule or a substantially similar rule as a temporary rule again, unless:

(a)  The governor finds it is necessary due to an imminent threat to the public health, safety, or welfare, as described in subsection (2)(a) of this section, and publishes a statement explaining the changed or emergency circumstances;

(b)  Ninety (90) days have elapsed since the expiration of the previous temporary rule and a basis for a new temporary rule is present; or

(c)  The governor declares a disaster emergency pursuant to state law.

(8)  A person aggrieved by a promulgating agency’s adoption of a temporary rule may challenge such agency action as a final agency action in accordance with the provisions of section 67-5270, Idaho Code.

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; am. 2026, ch. 41, sec. 1, p. 175.]