Agency Rulemaking Petition - Idaho

AGENCY RULEMAKING PETITION — IDAHO

Idaho Administrative Procedure Act

Idaho Code § 67-5230

PART ONE: COVER LETTER

[__/__/____]

[________________________________]
[Agency Name]
[________________________________]
[Agency Street Address]
[________________________________]
[City, Idaho, ZIP Code]

Re: Petition for Rulemaking Under Idaho Code § 67-5230
Subject: Request to [Adopt / Amend / Repeal] Rule(s) Concerning [________________________________]

Dear [________________________________] [Agency Head / Director / Administrator]:

Enclosed please find the formal Petition for Rulemaking submitted pursuant to Idaho Code § 67-5230, requesting that [________________________________] [Agency Name] initiate rulemaking proceedings to [adopt / amend / repeal] rules pertaining to [________________________________] [subject matter].

Under Idaho law, any person may petition an agency requesting the adoption, amendment, or repeal of a rule. Within the time prescribed by Idaho Code § 67-5230(4), the agency must deny the petition in writing with reasons or initiate rulemaking proceedings. We respectfully request timely action on this petition.

This petition includes the following:

☐ Formal Petition for Rulemaking
☐ Statement of Petitioner's Interest
☐ Proposed Rule Text
☐ Statement of Need and Basis
☐ Legal Authority Analysis
☐ Impact Analysis
☐ Supporting Evidence and Exhibits

Please acknowledge receipt of this petition and advise the undersigned of any reference number assigned.

Respectfully submitted,

[________________________________]
[Petitioner Name]
[________________________________]
[Title / Position]
[________________________________]
[Organization / Entity]
[________________________________]
[Street Address]
[________________________________]
[City, Idaho, ZIP Code]
[________________________________]
[Telephone]
[________________________________]
[Email Address]

PART TWO: FORMAL PETITION FOR RULEMAKING

BEFORE THE [________________________________] [AGENCY NAME]

PETITION FOR [ADOPTION / AMENDMENT / REPEAL] OF RULE

Petition Filed Pursuant to Idaho Code § 67-5230

I. PETITIONER INFORMATION

Petitioner Name: [________________________________]

Organization / Entity: [________________________________]

Mailing Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Attorney (if represented): [________________________________]

Idaho State Bar Number: [________________________________]

II. STANDING AND INTEREST OF PETITIONER

Under Idaho Code § 67-5230, any person may petition an agency requesting the adoption, amendment, or repeal of a rule. The statute does not state an additional standing or injury requirement for submitting this kind of petition.

Nature of Petitioner's Interest:

[________________________________]
[________________________________]
[________________________________]

How Petitioner Is Affected by the Current Regulatory Framework:

[________________________________]
[________________________________]
[________________________________]

Petitioner's Category:

☐ Regulated entity subject to the agency's jurisdiction
☐ Individual directly affected by agency rules
☐ Business or organization affected by agency rules
☐ Trade association or professional organization representing affected parties
☐ Advocacy organization with interest in the subject matter
☐ Local government or political subdivision
☐ Member of the public
☐ Other (specify): [________________________________]

III. RELIEF REQUESTED

Petitioner respectfully requests that [________________________________] [Agency Name] initiate rulemaking proceedings to:

☐ Adopt a new rule concerning [________________________________]
☐ Amend existing rule(s): [________________________________] [IDAPA Citation(s)]
☐ Repeal existing rule(s): [________________________________] [IDAPA Citation(s)]

Brief Summary of Requested Action:

[________________________________]
[________________________________]
[________________________________]

IV. STATEMENT OF NEED AND BASIS

A. Problem Description

[________________________________]
[________________________________]
[________________________________]
[________________________________]

B. Current Regulatory Framework

[________________________________]
[________________________________]
[________________________________]

C. Deficiencies in Current Rules

[________________________________]
[________________________________]
[________________________________]

D. How the Proposed Rule Addresses the Problem

[________________________________]
[________________________________]
[________________________________]

E. Benefits of the Proposed Action

[________________________________]
[________________________________]
[________________________________]

V. PROPOSED RULE TEXT

Current Rule (if amending or repealing):

IDAPA [____].[____].[____].[____]
[________________________________]
[Insert current rule text, if applicable]

Proposed New or Amended Text:

[________________________________]
[Insert proposed rule language]
[Use strikethrough for deletions and underline/bold for additions if amending]

Alternative Language (if any):

[________________________________]

VI. LEGAL AUTHORITY ANALYSIS

A. Agency's Statutory Authority

B. Consistency with Idaho Constitution and Idaho Code

[________________________________]
[________________________________]
[________________________________]

C. Consistency with Existing IDAPA Rules

[________________________________]
[________________________________]

D. Federal Preemption Analysis (if applicable)

[________________________________]
[________________________________]

E. Interaction with Other State Agency Rules

[________________________________]
[________________________________]

F. Legislative Authorization

Under Idaho Code § 67-5291, temporary, pending, and final rules may be approved or rejected by concurrent resolution. A pending fee or non-fee rule that is not approved by concurrent resolution generally expires upon adjournment sine die of the legislative session in which it is submitted for review. An approved pending rule generally becomes effective July 1 in the year of approval unless the concurrent resolution specifies otherwise. Address how the requested rule fits the agency's statutory authority and this review process:

[________________________________]
[________________________________]

VII. IMPACT ANALYSIS

A. Economic Impact

Affected Parties and Estimated Costs:

B. Small Business and Economic Impact

☐ The proposed rule will not have a significant impact on small businesses
☐ The proposed rule may impact small businesses as follows:
[________________________________]
[________________________________]

C. Environmental Impact

[________________________________]
[________________________________]

D. Public Health and Safety Impact

[________________________________]
[________________________________]

E. Impact on State and Local Government

[________________________________]
[________________________________]

F. Administrative Impact on the Agency

[________________________________]
[________________________________]

VIII. PUBLIC INTEREST ARGUMENTS

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]
5. [________________________________]

IX. SUPPORTING EVIDENCE AND EXHIBITS

X. PETITIONER'S REQUEST FOR RELIEF

Petitioner respectfully requests that [________________________________] [Agency Name]:

1. Acknowledge receipt of this petition;

2. Within twenty-eight (28) days after submission of this petition, subject to the part-time-board and additional-information provisions of Idaho Code § 67-5230(4), either:
   (a) Initiate rulemaking proceedings in accordance with Idaho Code chapter 52, title 67; or
   (b) Deny the petition in writing, stating the reasons for the denial;

3. If rulemaking proceedings are initiated, follow the notice and comment procedures required under Idaho Code § 67-5221 and § 67-5222;

4. Provide the petitioner with copies of all notices, decisions, and communications related to this petition;

5. Publish notice of proposed rulemaking in the Idaho Administrative Bulletin as required by law.

XI. VERIFICATION AND SIGNATURE

I, [________________________________], hereby verify that the statements contained in this petition are true and correct to the best of my knowledge and belief.

Signature: ___________________________

Printed Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

PART THREE: FILING INSTRUCTIONS

Idaho-Specific Procedural Requirements

A. Who May Petition

Under Idaho Code § 67-5230, any person may petition an agency requesting the adoption, amendment, or repeal of a rule. Section 67-5230 does not state an additional standing or injury requirement for submitting the petition.

B. Petition Contents

Section 67-5230 itself does not prescribe a specific form. Check the filing agency's rules and instructions; unless they require otherwise, the petition should include:

☐ Identification of the petitioner and contact information
☐ Specification of the rule action requested (adoption, amendment, or repeal)
☐ Proposed rule text or description of the desired change
☐ Reasons supporting the requested action
☐ Supporting data and analysis

C. Where to File

File the petition with the agency that has jurisdiction:

☐ Submit to the agency's main office or rules coordinator
☐ Address to the agency head, director, or administrator
☐ Check if the agency accepts electronic submissions
☐ Retain proof of filing (certified mail receipt, date stamp, electronic confirmation)

D. Idaho Administrative Rules Website

☐ Review the current Idaho Administrative Bulletin and Administrative Code: https://adminrules.idaho.gov
☐ Check the filing agency's website for agency-specific petition instructions, contacts, and submission methods

E. Service and Copies

☐ Prepare sufficient copies for the agency and your records
☐ Consider notifying relevant legislative germane committees
☐ Notify known interested parties of the filing

PART FOUR: AGENCY RESPONSE REQUIREMENTS

Timeline Under Idaho Code § 67-5230

For a petition to adopt, amend, or repeal a rule, the agency must deny the petition in writing with reasons or initiate rulemaking proceedings. The agency must take the action required by Idaho Code § 67-5230 within twenty-eight (28) days after submission.

Exception for Part-Time Boards and Commissions: If the agency's rules are adopted by a multimember board or commission whose members are not full-time state officers or employees, the agency must act no later than the first regularly scheduled meeting that takes place seven (7) or more days after submission.

Additional Information Request: If the agency requests additional information from the petitioner, the 28-day time period begins anew from the date the additional information is received.

If the Agency Initiates Rulemaking

The agency must follow Idaho's rulemaking procedures:

☐ Publish notice of proposed rulemaking in the Idaho Administrative Bulletin (Idaho Code § 67-5221)
☐ Provide at least 21 days for written public comment (Idaho Code § 67-5222)
☐ For a substantive rule, provide an opportunity for oral presentation if timely requested in writing by 25 persons, a political subdivision, or an agency, unless Idaho Code § 67-5222(2) provides an exception
☐ Consider all oral and written comments received
☐ Wait at least seven days after all public comment closes before publishing a pending rule
☐ Publish the pending rule and notice of adoption as required by Idaho Code § 67-5224
☐ Account for legislative review and approval under Idaho Code § 67-5291

Legislative Review of a Pending Rule

• A germane standing committee may review a temporary, pending, or final rule for consistency with the legislative intent of the statute the rule interprets, implements, or enforces.
• The Legislature may approve or reject all or part of a rule by concurrent resolution.
• A pending fee or non-fee rule generally expires at adjournment sine die of the session in which it is submitted unless approved by concurrent resolution.
• On and after January 1, 2024, an approved pending rule generally becomes effective July 1 in the year of approval unless the concurrent resolution states another date.

If the Agency Denies the Petition

The denial must:

• Be in writing
• State the reasons for the denial
• Be issued within the applicable deadline in Idaho Code § 67-5230(4)

Important: An agency decision denying a petition is a final agency action under Idaho Code § 67-5230. This means it is subject to judicial review.

PART FIVE: APPEAL OF DENIAL

Challenging an Agency Denial

An agency decision denying a rulemaking petition is expressly designated as a final agency action under Idaho Code § 67-5230. Idaho Code § 67-5270 entitles a person aggrieved by final agency action other than a contested-case order to judicial review when the governing review requirements are satisfied.

A. Judicial Review (Idaho Code §§ 67-5270, 67-5272, 67-5273, and 67-5279)

A proceeding for review is generally instituted by filing a petition in the district court of a county in which:

• The hearing was held;
• The final agency action was taken;
• The aggrieved party resides or operates its principal place of business in Idaho; or
• Real or personal property that was the subject of the agency decision is located.

Filing Deadline: A petition for review of final agency action other than a rule or order generally must be filed within 28 days after the agency action, except as another law provides. Idaho Code § 67-5273(3) also extends the filing period during timely, clearly nonfrivolous and nonrepetitious attempts to exhaust administrative remedies. Confirm the trigger and any other applicable law before calculating the deadline.

Standard of Review (Idaho Code § 67-5279):
When an agency was not required to act exclusively on a record, the court affirms unless the action:

• Violates constitutional or statutory provisions;
• Exceeds the agency's statutory authority;
• Was made upon unlawful procedure; or
• Is arbitrary, capricious, or an abuse of discretion.

Agency action is nevertheless affirmed unless the appellant's substantial rights were prejudiced. Different review provisions apply when the agency was required to issue an order.

B. Waiver or Variance (Idaho Code § 67-5230(2))

A person may instead petition for a waiver or variance from a specified rule if granting it would not conflict with Idaho law and at least one statutory consideration is met: unreasonable hardship in the petitioner's circumstances, an agency-approved alternative providing substantially equal health/safety/welfare protection, or an innovative practice expected to generate meaningful evidence for a rule change. If a waiver or variance is granted, the agency must consider a rule change allowing similarly situated persons the same benefits.

C. Legislative Remedy

The legislative-review process may provide an additional policy avenue:

• Contact members of the Legislature, particularly members of germane committees that review the agency's rules
• Request that the germane committee address the issue during rule review
• Seek legislative action to direct the agency to adopt, amend, or repeal a rule
• The Legislature may reject all or part of a rule by concurrent resolution under Idaho Code § 67-5291

PART SIX: DOCUMENT CHECKLIST

Before Filing — Confirm Completion of All Items

☐ Completed all sections of the petition with accurate information
☐ Drafted proposed rule text in proper IDAPA format
☐ Included statement of petitioner's interest
☐ Provided legal authority analysis with accurate statutory citations
☐ Addressed legislative authorization for the proposed rule
☐ Prepared impact analysis including small business assessment
☐ Gathered and attached all supporting exhibits
☐ Proofread the petition for accuracy and completeness
☐ Obtained attorney review (recommended)
☐ Prepared sufficient copies for filing and records
☐ Arranged for proper filing and proof of delivery
☐ Calendared the 28-day deadline or the applicable part-time-board meeting deadline
☐ Retained a complete copy of the petition and all exhibits
☐ Confirmed whether the agency is a full-time or part-time board/commission (affects timeline)
☐ Reviewed the agency's existing rules in the IDAPA database

PART SEVEN: PRACTICE TIPS FOR IDAHO

Strategic Considerations

1. Petition Eligibility. Idaho Code § 67-5230 permits any person to petition for adoption, amendment, or repeal. The statute does not state an additional standing or injury requirement for submitting the petition.

2. Know the 28-Day Deadline. Part-time boards and commissions may have a deadline keyed to their meeting schedule, and an agency request for additional information restarts the statutory time period.

3. Understand Legislative Review. If the agency initiates rulemaking, any pending rule will be subject to Idaho Code § 67-5291. Consider the legislative calendar and the concurrent-resolution approval requirement when planning the request.

4. Use the IDAPA System. Idaho administrative rules use IDAPA citations. Reference existing rules by their full IDAPA citation. The Idaho Administrative Code is available at https://adminrules.idaho.gov.

5. Final Agency Action. Section 67-5230 expressly provides that denial of a petition is a "final agency action." Judicial review is governed by Idaho Code § 67-5270 and the applicable review requirements, including venue and timing provisions.

6. Consider the Waiver/Variance Route. Idaho Code § 67-5230(2)–(5) provides a separate petition route with specified eligibility standards. A grant triggers an agency duty to consider a rule change for similarly situated persons.

7. Monitor the Idaho Administrative Bulletin. Section 67-5221 requires notice of proposed rulemaking to be published in the Bulletin. Monitor it at https://adminrules.idaho.gov for agency action on your petition.

8. Understand Germane-Committee Review. Standing committees may review rules germane to their subject matter for consistency with legislative intent. Consider whether legislative outreach is appropriate for the requested policy.

9. Timing Matters. Consider the agency's rulemaking calendar, the minimum comment period, the pending-rule publication requirements, and the legislative calendar when deciding when to file.

10. Additional Information Requests. Be prepared to respond promptly if the agency requests additional information, as this restarts the 28-day clock. Anticipate likely questions and address them proactively in the original petition.

SOURCES AND REFERENCES

• Idaho Code, Title 67, Chapter 52 — Idaho Administrative Procedure Act
• § 67-5221: Public notice of proposed rulemaking
• § 67-5222: Public participation
• § 67-5224: Pending rule
• § 67-5230: Petition for adoption, amendment, repeal, or waiver of rules
• § 67-5270: Right of review
• § 67-5272: Venue and form of action
• § 67-5273: Time for filing petition for review
• § 67-5279: Scope of review and relief
• § 67-5291: Legislative review of rules
• Idaho Administrative Code (IDAPA): https://adminrules.idaho.gov
• Idaho Administrative Bulletin: https://adminrules.idaho.gov
• Office of the Administrative Rules Coordinator: https://adminrules.idaho.gov
• Idaho Legislature: https://legislature.idaho.gov
• Idaho Legislature Statute Search: https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch52/

This template is provided for informational purposes only and does not constitute legal advice. Consult a qualified attorney licensed in Idaho before filing a petition for rulemaking. Statutory citations are current as of the last updated date but should be independently verified.