Regulatory Comment Letter - Idaho

REGULATORY COMMENT LETTER — IDAHO

Overview of Idaho Regulatory Comment Framework

Idaho's regulatory framework is governed by the Idaho Administrative Procedure Act, codified in Idaho Code Title 67, Chapter 52. Idaho administrative rules use IDAPA citations. Pending rules are subject to the concurrent-resolution approval and effectiveness provisions of Idaho Code § 67-5291.

This template covers regulatory comments beyond formal notice-and-comment rulemaking, including comments on existing regulations, requests for regulatory interpretation, guidance document comments, enforcement policy comments, waiver requests, petitions for declaratory rulings, and petitions for rulemaking.

Identify the Correct Agency and Docket

Use the current Idaho Administrative Code and the proposed-rule notice to confirm the agency, current IDAPA chapter, docket number, comment deadline, submission address, and rulemaking contact. Current rules and Bulletins are available at https://adminrules.idaho.gov.

Types of Regulatory Comments Covered

☐ Comment on proposed rule (Idaho Code § 67-5222)
☐ Comment on existing regulation interpretation
☐ Guidance document comment
☐ Enforcement policy comment
☐ Petition for rulemaking — adoption, amendment, or repeal (Idaho Code § 67-5230)
☐ Petition for declaratory ruling (Idaho Code § 67-5232)
☐ Waiver or variance request
☐ No-action letter request
☐ Comment on negotiated rulemaking (Idaho Code § 67-5220)
☐ Comment on temporary rule (Idaho Code § 67-5226)

FORMAL REGULATORY COMMENT LETTER

Letterhead Block

[________________________________]
[LAW FIRM / ORGANIZATION NAME]
[________________________________]
[Street Address]
[________________________________]
[City, State ZIP Code]
[________________________________]
[Telephone]
[________________________________]
[Email Address]

Date: [__/__/____]

VIA: ☐ Electronic Submission ☐ U.S. Mail ☐ Hand Delivery ☐ Idaho Administrative Bulletin Portal

[________________________________]
[Name of Agency Contact / Rules Coordinator]
[________________________________]
[Agency Name]
[________________________________]
[Division / Bureau, if applicable]
[________________________________]
[Agency Street Address]
[________________________________]
[City], Idaho [____]

RE: Line

Re: ☐ Comment on Proposed Rule / ☐ Request for Interpretation / ☐ Waiver Request / ☐ Petition for Declaratory Ruling / ☐ Other

IDAPA Rule at Issue: IDAPA [____].[____].[____].[____]
Idaho Administrative Bulletin Citation: Vol. [____]-[____], dated [__/__/____]
Docket Number: [________________________________]
Subject Matter: [________________________________]
Comment Period Deadline: [__/__/____]

I. INTRODUCTION AND IDENTIFICATION OF COMMENTER

Dear [________________________________]:

On behalf of [________________________________] ("Commenter"), this letter is submitted to [________________________________] ("Agency") regarding [________________________________].

Commenter Identification:

Interest and Standing:

The Commenter has a direct and substantial interest in this matter because:

☐ The Commenter is directly regulated by the Agency under IDAPA [____]
☐ The Commenter is a business operating in Idaho that will be affected by the regulation
☐ The Commenter represents [____] members/constituents who are subject to the regulation
☐ The Commenter has expertise relevant to the subject matter
☐ The Commenter is a political subdivision of the State of Idaho
☐ Other: [________________________________]

[________________________________]
[Describe the specific nature of the Commenter's interest, including how the regulation, interpretation, or guidance at issue affects the Commenter's operations, rights, or obligations.]

II. BACKGROUND AND FACTUAL CONTEXT

A. Regulatory Provision at Issue

The regulatory provision(s) at issue are:

1. IDAPA [____].[____].[____].[____]: [________________________________]
2. IDAPA [____].[____].[____].[____]: [________________________________]
3. Enabling Statute: Idaho Code § [________________________________]

B. Idaho Rulemaking Context

☐ This comment relates to a proposed rule published in the Idaho Administrative Bulletin
☐ This comment relates to a temporary rule adopted under Idaho Code § 67-5226
☐ This comment relates to a pending rule awaiting legislative approval
☐ This comment relates to an existing final rule
☐ This comment relates to a negotiated rulemaking under Idaho Code § 67-5220
☐ This comment relates to a fee rule identified under Idaho Code § 67-5224 and reviewed under § 67-5291

Note: A proposed rule proceeds to pending-rule publication after the agency considers submissions. 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. An approved pending rule generally becomes effective July 1 in the year of approval unless the resolution specifies another date. Temporary rules follow the separate findings, publication, and expiration provisions of §§ 67-5226 and 67-5291.

C. Factual Background

[________________________________]
[Provide a detailed factual narrative describing the circumstances giving rise to this comment. Include relevant dates, transactions, business operations, compliance history, and any prior agency communications.]

D. Compliance Context

☐ The Commenter is currently in compliance with the existing regulation and seeks clarification
☐ The Commenter has identified an ambiguity requiring interpretation
☐ The Commenter cannot comply with the regulation as currently written and seeks a waiver
☐ The Commenter believes the regulation exceeds the Agency's statutory authority
☐ The Commenter believes the regulation conflicts with Idaho or federal law
☐ The Commenter is responding to a negotiated rulemaking invitation
☐ Other: [________________________________]

E. Prior Communications with Agency

☐ No prior communications regarding this matter
☐ Prior informal inquiry on [__/__/____] — Response received: ☐ Yes ☐ No
☐ Prior formal petition on [__/__/____] — Disposition: [________________________________]
☐ Prior enforcement action — Case No. [________________________________]
☐ Participation in negotiated rulemaking — Date(s): [________________________________]
☐ Other: [________________________________]

III. LEGAL ANALYSIS

A. Statutory Authority

The Agency's authority to adopt and administer the regulation at issue derives from Idaho Code § [________________________________]. Idaho Code § 67-5231 provides that rules may be promulgated only when specifically authorized by statute and makes a rule voidable if it was not adopted in substantial compliance with Chapter 52. Idaho Code § 67-5279 supplies the applicable judicial-review grounds.

[________________________________]
[Analyze whether the regulation is within the Agency's statutory authority. Cite relevant provisions of the enabling statute and assess whether the Agency's interpretation is consistent with legislative intent.]

B. Regulatory Text Analysis

[________________________________]
[Provide a close textual analysis of the IDAPA rule at issue. Identify ambiguities, undefined terms, or provisions susceptible to more than one reasonable interpretation. Reference the IDAPA rule number format (XX.XX.XX.XXX) for precision.]

C. Consistency with Idaho Administrative Procedure Act

Under the Idaho APA, agencies must comply with procedural requirements, including:

☐ Publication of notice of proposed rulemaking (Idaho Code § 67-5221)
☐ Opportunity for public comment (Idaho Code § 67-5222)
☐ Concise explanatory statement of reasons for adopting the rule, in the notice of adoption of the pending rule (Idaho Code § 67-5224(2)(a))
☐ Compliance with negotiated rulemaking requirements (Idaho Code § 67-5220)
☐ Proper adoption of temporary rules with findings of necessity (Idaho Code § 67-5226)
☐ Identification of any pending fee rule and the specific statute authorizing the fee (Idaho Code § 67-5224)
☐ Compliance with any current, independently verified executive order or agency-specific requirement applicable to the docket

[________________________________]
[Analyze compliance with Idaho APA procedural requirements as applicable.]

D. Economic and Practical Impact

[________________________________]
[Provide detailed analysis of the economic and practical impact.]

E. Alternative Approaches

[________________________________]
[Propose alternative approaches that achieve the Agency's statutory objectives while addressing the identified burden.]

IV. SPECIFIC REQUEST

Based on the foregoing analysis, the Commenter respectfully requests that the Agency:

☐ Adopt the Commenter's proposed interpretation of IDAPA [____].[____].[____].[____]

☐ Issue a declaratory ruling pursuant to Idaho Code § 67-5232 regarding the applicability of [________________________________] to the Commenter's circumstances

☐ Grant a waiver or variance from IDAPA [____].[____].[____].[____] based on the following grounds:

• ☐ The waiver would not conflict with or violate Idaho law
• ☐ Application of the rule in the petitioner's circumstances is unreasonable and would impose undue hardship or burden
• ☐ The proposed alternative would, in the agency's opinion, provide substantially equal protection of health, safety, and welfare
• ☐ The request would test an innovative practice or model expected by the agency to generate meaningful evidence for a rule change

☐ Initiate rulemaking to adopt, amend, or repeal IDAPA [____].[____].[____].[____] pursuant to Idaho Code § 67-5230

☐ Withdraw or modify the proposed rule to address the concerns identified herein

☐ Issue guidance clarifying the Agency's interpretation and enforcement approach

☐ Modify enforcement policy regarding [________________________________]

☐ Other: [________________________________]

Proposed Language (if applicable):

Current text of IDAPA [____].[____].[____].[____]:

[________________________________]

Proposed revised text:

[________________________________]

V. SUPPORTING DOCUMENTATION

The following documents are submitted in support of this comment:

☐ Exhibit A: [________________________________]
☐ Exhibit B: [________________________________]
☐ Exhibit C: [________________________________]
☐ Exhibit D: [________________________________]
☐ Exhibit E: [________________________________]

VI. REQUEST FOR ORAL PRESENTATION

☐ This request is submitted by at least 25 persons (signature/contact list attached)
☐ This request is submitted by a political subdivision: [________________________________]
☐ This request is submitted by an agency: [________________________________]

☐ The requester asks for an opportunity for oral presentation by video conference or telephone under Idaho Code § 67-5222

☐ No qualifying oral-presentation request is made; the Commenter will follow any hearing or presentation listed in the notice

VII. CERTIFICATION AND SIGNATURE

I hereby certify that the statements and representations contained in this letter are true and accurate to the best of my knowledge and belief, and that this comment is submitted in good faith. I understand that the submission may become publicly available and will confirm any confidentiality procedure with the Agency before submitting sensitive material.

Respectfully submitted,

___________________________________________
[________________________________]
[Name — Printed]

[________________________________]
[Title / Position]

[________________________________]
[Organization / Firm]

[________________________________]
[Idaho State Bar No., if applicable]

Date: [__/__/____]

COMMENT PREPARATION CHECKLIST

Before Drafting

☐ Identified the specific IDAPA rule, guidance, or interpretation at issue
☐ Obtained complete text of the rule from Idaho Administrative Code
☐ Reviewed enabling statute in Idaho Code
☐ Reviewed Idaho Administrative Bulletin notice (if proposed rule)
☐ Checked docket number and comment period deadline
☐ Determined whether this is a proposed, temporary, pending, or final rule
☐ Reviewed any negotiated rulemaking meeting summaries
☐ Identified the correct Agency contact person named in the Bulletin Notice
☐ Verified submission requirements (email, mail, format)

During Drafting

☐ Clearly identified the Commenter and stated the nature of the interest
☐ Cited specific IDAPA rule numbers using correct format (XX.XX.XX.XXX)
☐ Cited enabling statute provisions
☐ Provided factual context with specificity
☐ Included economic impact data with supporting documentation
☐ Proposed specific alternative language or approaches
☐ Addressed each relevant section of the regulation
☐ Addressed Idaho-specific considerations, including negotiated rulemaking and legislative review where applicable

Before Submission

☐ Reviewed for accuracy of all legal citations
☐ Confirmed comment is timely filed (before deadline)
☐ Attached all supporting exhibits referenced in letter
☐ Retained copy of comment and proof of submission
☐ Confirmed correct submission method per Bulletin Notice instructions
☐ Considered whether to request oral presentation (Idaho Code § 67-5222)

TEMPLATE: PETITION FOR DECLARATORY RULING (Idaho Code § 67-5232)

To: [________________________________], Rules Coordinator
Agency: [________________________________]
Date: [__/__/____]

PETITION FOR DECLARATORY RULING

Pursuant to Idaho Code § 67-5232, the undersigned petitions the Agency for a declaratory ruling as follows:

Rule/Statute at Issue:
☐ Statute: Idaho Code § [________________________________]
☐ Rule: IDAPA [____].[____].[____].[____]
☐ Order: [________________________________]

Statement of Facts:
[________________________________]

Question Presented:
[________________________________]

Petitioner's Position:
[________________________________]

Note: Under Idaho Code § 67-5232, a declaratory ruling issued by an agency is a final agency action. An aggrieved person must satisfy the governing judicial-review requirements.

TEMPLATE: PETITION FOR RULEMAKING (Idaho Code § 67-5230)

To: [________________________________], Rules Coordinator
Agency: [________________________________]
Date: [__/__/____]

PETITION FOR ADOPTION / AMENDMENT / REPEAL OF RULE

Pursuant to Idaho Code § 67-5230, the undersigned petitions the Agency to:

☐ Adopt a new rule regarding [________________________________]
☐ Amend IDAPA [____].[____].[____].[____]
☐ Repeal IDAPA [____].[____].[____].[____]

Name and Address of Petitioner:
[________________________________]

Telephone Number:
[________________________________]

Rule at Issue:
[________________________________]

Reasons for Petition:
[________________________________]

Suggested Language of Rule:
[________________________________]

Note: Section 67-5230 itself does not prescribe a petition form. Check agency-specific rules and instructions. The agency must deny the petition in writing with reasons or initiate rulemaking, generally within 28 days; § 67-5230(4) provides a part-time-board exception and restarts the period after requested additional information is received.

TEMPLATE: WAIVER / VARIANCE REQUEST

To: [________________________________], Rules Coordinator
Agency: [________________________________]
Date: [__/__/____]

PETITION FOR WAIVER OR VARIANCE OF IDAPA RULE

Pursuant to Idaho Code § 67-5230, the undersigned petitions for a waiver of or variance from the following rule:

Rule: IDAPA [____].[____].[____].[____]

Grounds for Waiver:
☐ Granting the request would not conflict with or violate Idaho law
☐ Applying the rule in the petitioner's circumstances is unreasonable and would impose undue hardship or burden
☐ The proposed alternative would, in the agency's opinion, provide substantially equal protection of health, safety, and welfare
☐ The request would test an innovative practice or model expected by the agency to generate meaningful evidence for a rule change

[________________________________]
[Detailed explanation of grounds for waiver]

Duration of Waiver Requested:
[________________________________]

Conditions Proposed by Petitioner:
[________________________________]

AGENCY RESPONSE OBLIGATIONS AND TIMELINES

SOURCES AND REFERENCES

• Idaho Code § 67-5220
• Idaho Code § 67-5221
• Idaho Code § 67-5222
• Idaho Code § 67-5224
• Idaho Code § 67-5226
• Idaho Code § 67-5230
• Idaho Code § 67-5231
• Idaho Code § 67-5232
• Idaho Code § 67-5270
• Idaho Code § 67-5272
• Idaho Code § 67-5273
• Idaho Code § 67-5279
• Idaho Code § 67-5291
• Idaho Administrative Rules Coordinator: https://adminrules.idaho.gov/
• Idaho Administrative Bulletin: https://adminrules.idaho.gov/latest-bulletins/
• Idaho Administrative Code: https://adminrules.idaho.gov/current-rules/

This template is provided for informational purposes only and does not constitute legal advice. You must have this template reviewed and customized by a qualified attorney licensed in Idaho before use. Legal requirements and agency procedures may change; verify all citations and procedures before submission.