Regulatory Comment Letter

REGULATORY COMMENT LETTER — IDAHO

Overview of Idaho Regulatory Comment Framework

Idaho's regulatory framework is governed by the Idaho Administrative Procedure Act (IDAPA), codified at Idaho Code Title 67, Chapter 52. The Act establishes procedures for rulemaking, contested cases, declaratory rulings, and judicial review. Idaho uses a unique system where the Idaho Administrative Code is organized by agency number (e.g., IDAPA 58 for DEQ, IDAPA 37 for DWR), and all rules must be approved by the Idaho Legislature during its annual session.

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.

Key Idaho Regulatory Agencies Accepting Comments

• Idaho Department of Environmental Quality (DEQ) — Environmental regulations (IDAPA 58)
• Idaho Department of Water Resources (IDWR) — Water rights and resource regulations (IDAPA 37)
• Idaho Department of Insurance (DOI) — Insurance regulations (IDAPA 18)
• Idaho Department of Finance — Banking and securities regulations (IDAPA 12)
• Idaho Department of Health and Welfare (DHW) — Health, welfare, Medicaid regulations (IDAPA 16)
• Idaho Tax Commission — Tax regulations (IDAPA 35)
• Idaho Transportation Department (ITD) — Transportation regulations (IDAPA 39)
• Idaho Public Utilities Commission (IPUC) — Utility regulation (IDAPA 31)
• Idaho Department of Lands (IDL) — Land use and forest practices (IDAPA 20)
• Idaho Department of Agriculture (ISDA) — Agricultural regulations (IDAPA 02)

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 subject to Idaho Code § 67-5228

Note: Under Idaho's unique rulemaking process, all proposed rules must be approved by the Idaho Legislature during its annual session. Temporary rules take effect upon publication and remain in effect until the end of the next legislative session unless extended, amended, or replaced. This legislative review adds an important layer to the comment process.

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 § [________________________________]. Under Idaho Code § 67-5231, the reviewing court shall declare an agency rule void if it finds that the rule violates constitutional or statutory provisions, exceeds the statutory authority of the agency, or was adopted without compliance with rulemaking procedures.

[________________________________]
[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)
☐ Written statement of reasons for adoption (Idaho Code § 67-5223)
☐ Compliance with negotiated rulemaking requirements (Idaho Code § 67-5220)
☐ Proper adoption of temporary rules with findings of necessity (Idaho Code § 67-5226)
☐ Compliance with fee rule requirements (Idaho Code § 67-5228)
☐ Consistency with Governor's executive orders on regulatory reform
☐ Compliance with Red Tape Reduction Act requirements

[________________________________]
[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 regulatory approaches that achieve the Agency's statutory objectives while reducing burden. Under Idaho's regulatory reform initiatives, agencies are encouraged to adopt the least restrictive means of achieving regulatory objectives.]

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:

• ☐ Compliance would impose undue hardship
• ☐ The waiver would not jeopardize public health, safety, or welfare
• ☐ Alternative means of achieving the regulatory objective are available

☐ 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 HEARING / ORAL PRESENTATION

☐ The Commenter requests an opportunity for oral presentation at a public hearing pursuant to Idaho Code § 67-5222

☐ The Commenter requests a public hearing if one has not yet been scheduled

☐ The Commenter does not request oral presentation at this time but reserves the right to do so

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 public comments are part of the formal rulemaking record and are therefore public record.

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 (legislative review, Red Tape Reduction)

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 subject to judicial review under Idaho Code § 67-5270.

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: Under Idaho Code § 67-5230, the petition must include the petitioner's name, address, telephone number, the rule in question, the reasons for the petition, and the suggested language of the rule. The agency must consider the petition within 28 days.

TEMPLATE: WAIVER / VARIANCE REQUEST

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

REQUEST FOR WAIVER OF IDAPA RULE

The undersigned requests a waiver of the following IDAPA rule:

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

Grounds for Waiver:
☐ Strict compliance would create an undue hardship
☐ The waiver would not impair the objectives of the regulation
☐ Alternative means of compliance are available
☐ Unique circumstances justify the waiver

[________________________________]
[Detailed explanation of grounds for waiver]

Duration of Waiver Requested:
[________________________________]

Conditions Proposed by Petitioner:
[________________________________]

AGENCY RESPONSE OBLIGATIONS AND TIMELINES

SOURCES AND REFERENCES

• Idaho Code Title 67, Chapter 52: https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch52/
• Idaho Administrative Rules Coordinator: https://adminrules.idaho.gov/
• Idaho Administrative Bulletin: https://adminrules.idaho.gov/bulletin/
• Idaho Administrative Code: https://adminrules.idaho.gov/rules/current/

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.