Rulemaking

The Idaho Transportation Department’s (ITD) administrative rules are found in IDAPA Title 39. Under Governor Little’s Zero-Based Regulation Executive Order, the department continues to seek opportunities to streamline its rules by removing redundancies and eliminating unnecessary regulatory provisions.

2025 Negotiated Rulemaking Meeting

On May 21, 2025, the department held a negotiated rulemaking meeting to discuss draft changes to the following Rules.

• Notice of Intent to Promulgate Rules
• Negotiated Rulemaking Meeting Minutes, May 21, 2025

Rule	Draft Versions	Description	Reason for review
39.02.60	Draft Rules: 39.02.60	• Rules Governing License Plate Provisions	Update and Clean-Up
39.03.49	Draft Rules: 39.03.49	• Rules Governing Ignition Interlock Devices	Mandatory Zero-Based Regulation (ZBR) Review

 

Dealers and Titling

• 02.02, Rules Governing Vehicle & Vessel Dealer License Requirements –
  Motor Vehicles
• 02.03, Rules Governing Vehicle Dealer’s Principal Place of Business and Claims to the Idaho Consumer Asset Recovery Fund
• 02.05, Rules Governing Issuance of Certificates of Title
• 02.09, Rules Governing Requirements for Manufacturer’s Certificate of Origin (MCO)

Commercial Motor Vehicle Titling & Registration

• 02.22, Rules Governing Registration and Permit Fee Administration and Temporary Vehicle Clearance for Carriers
• 02.27, Rules Governing Titling and Registration of Non-Resident
  Commercial Vehicles and Transient Farm Labor Vehicles

Motor Vehicle Registration

• 02.41, Rules Governing Special Provisions Applicable to Fees for Services
• 02.42, Rules Governing Conditional Vehicle Registration
  and Temporary Registration
• 02.43, Rules Governing Registration and Title Fee Refunds
• 02.45, Rules Governing Fees for Lapsed Registration Periods

License Plates

• 02.60, Rules Governing License Plate Provisions

Driver’s Licenses

• 02.70, Rules Governing Restricted Driving Permits
• 02.71, Rules Governing Driver’s License Violation Point System and Accident Prevention Courses
• 02.75, Rules Governing Names on Drivers’ Licenses
  and Identification Cards
• 02.76, Rules Governing Driver’s License and Identification Card
  Renewal-by-Mail and Electronic Renewal and Replacement Processes

Commercial Motor Vehicle Insurance

• 02.80, Rules Governing Motor Carrier Financial Responsibility

Commercial Motor Vehicle Permits

• 03.01, Rules Governing Special Permits
• 03.08, Rules Governing Self-Propelled Snowplows

Rights-of-Way

• 03.40, Rules Governing Junkyards and Dumps
• 03.41, Rules Governing Traffic Control Devices
• 03.42, Rules Governing Highway Right-of-Way Encroachments
  on State Rights-of-Way
• 03.43, Rules Governing Utilities On State Highway Right-of-Way
• 03.44, Rules Governing Highway Relocation Assistance
  for Persons Displaced by Public Programs
• 03.47, Rules Governing Certification of Local Improved Road Mileage
• 03.48, Rules Governing Routes Exempt From Local Plans and Ordinances

Ignition Interlock Devices

• 03.49, Rules Governing Ignition Interlock Devices

Roadside Markers, Signs, and Advertisements

• 03.50, Rules Governing Safety Rest Areas
• 03.60, Rules Governing Outdoor Advertising,
  Accident Memorials, and Other Official Signs
• 03.65, Rules Governing Traffic Minute Entries

Commercial Motor Vehicle Administration

• 03.80, Rules Governing Legalization of Overloaded Vehicles

Aeronautics and Aviation

• 04.01, Rules Governing Aeronautics and Aviation

 

In Idaho, rulemaking is governed by the Idaho Administrative Procedures Act (IDAPA) Title 67, Chapter 52, Idaho Code. Rulemaking is conducted by state agencies for a variety of reasons. The four most common reasons are: 1) the enactment or amendment of a statute by the state legislature; 2) new regulations are adopted by the federal government which require implementation by the state; 3) the agency itself initiates rulemaking and 4) the agency receives a petition, from an outside party, to change or adopt a particular rule.

When feasible, negotiated rulemaking is conducted with interested parties, in order to improve the final rule and expedite the rulemaking process. This process allows the agency to draw upon shared information, knowledge, expertise and technical abilities from outside stakeholders. Negotiated rulemaking begins with the publication of a Notice to Promulgate Negotiated Rulemaking in the Idaho Administrative Bulletin. Following negotiations, the agency will publish a Notice of Proposed Rule and the text of the proposed rule. Both documents are published in the Administrative Bulletin.

IDAPA provides the opportunity for public comment as part of the rulemaking process. If you are interested in providing comments on one or more of the agency’s proposed rules, you may do so by submitting your comments via email, phone or mail to the person named in the published Bulletin Notice. Please be aware that public comments are part of the formal rulemaking record and are therefore public record.

After the time for commenting on a proposed rule has passed, the agency will publish a Notice of Pending Rule. Pursuant to IDAPA, all pending rules are sent to the legislature for review. However, before any rule is presented to the legislature, ITD must first obtain approval from the Idaho Transportation Board and the Governor’s Office Division of Financial Management. These pending rules will become effective when the next legislature adjourns, sine die, unless both chambers of the legislature vote to reject a particular pending rule. Rules designated as temporary become effective upon approval by the Idaho Transportation Board. All rules are compiled in the Idaho Administrative Code and have the force and effect of law. All ITD rules are available on the Division of Financial Management’s website: ITD rules.

What is negotiated rulemaking?

• An informal and flexible process
• Allows all interested & affected parties/entities to participate in rulemaking process
• Idaho Administrative Procedures Act (IAPA) requires state agencies to engage in negotiated rulemaking whenever feasible
  • Determining feasibility
    • Is there a need for temporary rulemaking?
    • What is the nature of the change being proposed?
    • Are the affected parties easy to identify?
    • Are the affected parties likely to reach a consensus on a proposed rule?
  • Agency’s determination of feasibility is not subject to judicial review, however, it is subject to legislative scrutiny

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What are the advantages of negotiated rulemaking?

• Negotiating the content of the rule text before it is published in the Administrative Bulletin can save time and money because, in many instances, the discrepancies in the amendments or potential problems can be resolved before committing additional resources to the rulemaking.
• Improves the substance of proposed rules by drawing upon shared information, expertise, and technical abilities possessed by the affected persons.
• Expedites formal rulemaking.
• Lessens the likelihood that affected persons will resist enforcement or challenge the rules in court.
• Public and industry constituents are generally more satisfied with the outcome if included in the process in the beginning rather than at the end; or not at all.
• Negotiated rulemaking meetings allow for interactive discussions on the subject matter between the parties in an attempt to reach consensus.

The Idaho Transportation Department’s (ITD) administrative rules are found in IDAPA Title 39. Under Governor Little’s Zero-Based Regulation Executive Order, the department continues to seek opportunities to streamline its rules by removing redundancies and eliminating unnecessary regulatory provisions.

The Idaho Transportation Department’s (ITD) administrative rules are found in IDAPA Title 39. Under Governor Little’s Zero-Based Regulation Executive Order, the department continues to seek opportunities to streamline its rules by removing redundancies and eliminating unnecessary regulatory provisions.

• Notice of Proposed Rules | Oct. 4, 2023
• Notice of Temporary & Proposed Rule – 39.02.76 | July 5, 2023