Agency Rulemaking Petition - Idaho

AGENCY RULEMAKING PETITION — IDAHO

Idaho Administrative Procedure Act (IDAPA)

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, and the agency must approve or deny the petition within twenty-eight (28) days after submission. We respectfully request timely action on this petition as required by statute.

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. Idaho's petition right is broadly available and does not require the petitioner to demonstrate a specific legally protectable interest.

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

Idaho has a unique system in which administrative rules must be authorized by the Legislature. Under Idaho Code § 67-5224, rules expire at the end of each legislative session unless reauthorized. Address how the proposed rule fits within the agency's existing legislative authorization:

[________________________________]
[________________________________]

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, as required by Idaho Code § 67-5230, either:
   (a) Approve the petition and initiate rulemaking proceedings in accordance with Idaho Code §§ 67-5220 through 67-5226; 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. Idaho uses the broadest possible standing — no demonstration of a particular interest or injury is required.

B. Petition Contents

While the statute does not prescribe a specific form, 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. Office of the Administrative Rules Coordinator

The Office of the Administrative Rules Coordinator (Idaho Code § 67-5206) coordinates the administrative rulemaking process in Idaho. The office:

• Publishes the Idaho Administrative Bulletin (weekly notices of rulemaking)
• Maintains the Idaho Administrative Code (IDAPA)
• Provides guidance on rulemaking procedures

☐ Consider contacting the Rules Coordinator for guidance: https://adminrules.idaho.gov

E. Service and Copies

☐ Prepare sufficient copies for the agency and your records
☐ Consider providing a courtesy copy to the Office of the Administrative Rules Coordinator
☐ Consider notifying relevant legislative germane committees
☐ Notify known interested parties of the filing

PART FOUR: AGENCY RESPONSE REQUIREMENTS

Timeline Under Idaho Code § 67-5230

The agency must approve or deny the petition or initiate rulemaking proceedings within twenty-eight (28) days after submission of the petition.

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

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 Approves the Petition and 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)
☐ Hold a public hearing if required by statute or requested
☐ Consider all oral and written comments received
☐ Adopt the rule in compliance with Idaho Code § 67-5224
☐ Submit the rule to the Legislature for review during the next legislative session
☐ The rule takes effect upon completion of the rulemaking process and publication

Idaho's Unique Legislative Review System

Idaho has a distinctive system for legislative oversight of administrative rules:

• Temporary/Proposed Rules (Idaho Code § 67-5226): Agencies may adopt temporary rules effective immediately for up to the end of the next legislative session
• Pending Rules (Idaho Code § 67-5224): Rules adopted through notice-and-comment become "pending" and must be reviewed and authorized by the Legislature
• Legislative Review: During each legislative session, germane legislative committees review pending and existing rules; rules not authorized expire at the end of the session
• Omnibus Authorization: The Legislature typically passes omnibus bills authorizing or rejecting agency rules

If the Agency Denies the Petition

The denial must:

• Be in writing
• State the reasons for the denial
• Be issued within 28 days (or by the first scheduled board meeting + 7 days for part-time boards)

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. This opens the door to judicial review.

A. Judicial Review (Idaho Code §§ 67-5270 through 67-5279)

A person aggrieved by final agency action may seek judicial review by filing a petition in the district court of the county in which:

• The final agency action was taken
• The party seeking review resides
• The real property or personal property that was the subject of the agency action is located

Filing Deadline: The petition for judicial review must be filed within 28 days of the final agency action (Idaho Code § 67-5273).

Standard of Review (Idaho Code § 67-5279):
The court shall affirm the agency action unless it finds that the agency's findings, inferences, conclusions, or decisions:

• Violate constitutional or statutory provisions
• Exceed the agency's statutory authority
• Were made upon unlawful procedure
• Are not supported by substantial evidence on the record as a whole
• Are arbitrary, capricious, or an abuse of discretion

B. Waiver or Variance (Idaho Code § 67-5231)

As an alternative approach, a person may petition an agency for a waiver or variance from an existing rule. If a waiver or variance is granted, the agency is then required to consider a rule change that will allow all similarly situated persons to derive the same benefits granted to the petitioner.

C. Legislative Remedy

Idaho's robust legislative review of administrative rules provides a unique avenue for relief:

• 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 can reject rules during the annual review process

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 for agency response (or first board meeting + 7 days)
☐ 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. Broad Standing. Idaho Code § 67-5230 grants any person the right to petition for rulemaking. This is one of the broadest standing provisions among the states. You do not need to demonstrate a specific legal interest.

2. Know the 28-Day Deadline. The 28-day response period is shorter than most states. However, be aware that (a) part-time boards/commissions have a different timeline keyed to their meeting schedule, and (b) if the agency requests additional information, the 28-day clock resets.

3. Understand Idaho's Legislative Review System. Idaho has one of the most robust legislative oversight systems for administrative rules. Even if the agency initiates rulemaking, the adopted rule must survive legislative review during the next session. Consider engaging legislators early to ensure support for the proposed rule change.

4. Use the IDAPA System. Idaho's rules are organized under the Idaho Administrative Procedures Act (IDAPA) numbering system. Reference existing rules by their full IDAPA citation. The complete Idaho Administrative Code is available at https://adminrules.idaho.gov.

5. Final Agency Action. The statute expressly provides that a denial of a rulemaking petition is a "final agency action." This is significant because it provides a clear basis for judicial review under Idaho Code §§ 67-5270 through 67-5279.

6. Consider the Waiver/Variance Route. Under Idaho Code § 67-5231, obtaining a waiver or variance from an existing rule triggers an agency duty to consider a rule change for all similarly situated persons. This can be a creative alternative to a direct rulemaking petition.

7. Monitor the Idaho Administrative Bulletin. The Bulletin, published by the Office of the Administrative Rules Coordinator, contains all notices of proposed rulemaking. Monitor it at https://adminrules.idaho.gov for agency action on your petition.

8. Engage Germane Committees. Idaho's germane legislative committees (assigned by the President Pro Tempore of the Senate and the Speaker of the House) review rules within their subject matter jurisdiction. Contact committee members and staff to discuss the merits of the proposed rule change.

9. Timing Matters. Consider the legislative calendar when filing a petition. If the agency initiates rulemaking, the proposed rule will need to be ready for legislative review during the next session. File early enough to allow the full rulemaking process to be completed before the legislative session.

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
• § 67-5201: Definitions
• § 67-5206: Office of the Administrative Rules Coordinator
• § 67-5220: Rulemaking — general
• § 67-5221: Notice of proposed rulemaking
• § 67-5222: Public comment on proposed rules
• § 67-5224: Adoption of pending rules
• § 67-5226: Temporary rules
• § 67-5230: Petition for rulemaking
• § 67-5231: Waiver or variance of rules
• § 67-5270 through § 67-5279: Judicial review
• 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.