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Rulemaking

Administrative Rulemaking

2024-25 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.

On May 21, 2024, the department held a negotiated rulemaking meeting to discuss draft changes to the following DMV Rules.

  • 39.02.03 – Rules Governing Vehicle & Vessel Dealer License Requirements
  • 39.02.75 – Rules Governing Names on Drivers’ Licenses and Identification Cards
  • Negotiated Rulemaking Meeting Minutes | May 21, 2024

Draft DMV rules under review

RuleDraft VersionsDescriptionReason for review
39.02.03Draft Rules: 39.02.03 • Rules Governing Vehicle Dealer’s Principal Place of Business and Claims to the Idaho Consumer Asset Recovery FundMandatory Zero-Based Regulation (ZBR) Review
39.02.75Draft Rules: 39.02.75• Rules Governing Driver’s License and Identification CardMandatory ZBR Review

Contact: Brendan Floyd, Office of Governmental Affairs | 208-334-8474 | Email: Brendan.Floyd@itd.idaho.gov



Rulemaking Process

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 Idaho Department of Administration’s web site: ITD rules.


Negotiated Rulemaking

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

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.

2023-24 Rules

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.

July 2023 Negotiated Rulemaking Meeting


Commercial Motor Vehicle Permits under review

  • DMV Permit Rules Rewrite Working Draft
    • This draft represents a consolidation of rules 39.03.01 through 39.03.07 below, and includes an excerpt from 39.02.22.
    • Where applicable, text in this draft rule is colored in accordance with where the text or concept exists in the current administrative rules.
RuleDraft Version | Deletions & CommentsDescriptionReason for review
39.02.22
39.02.22 Revisions• Rules Governing Registration and Permit Fee Administration and Temporary Vehicle Clearance for CarriersZero-Based Regulation Scheduled Review (Proposed removal of a section for placement in permit rule)
39.03.0139.03.01 Deletions & Comments• Rules Governing Definitions Regarding Special PermitsZero-Based Regulation Scheduled Review (Consolidation)
39.03.0239.03.02 Deletions & Comments• Rules Governing Movement of Disabled VehiclesZero-Based Regulation Scheduled Review (Consolidation)
39.03.0339.03.03 Deletions & Comments• Rules Governing Special Permits – General Conditions and RequirementsZero-Based Regulation Scheduled Review (Consolidation)
39.03.0439.03.04 Deletions & Comments• Rules Governing Special Permits – Overweight Non-ReducibleZero-Based Regulation Scheduled Review (Consolidation)
39.03.0539.03.05 Deletions & Comments• Rules Governing Special Permits – Oversize Non-ReducibleZero-Based Regulation Scheduled Review (Consolidation)
39.03.0639.03.06 Deletions & Comments• Rules Governing Special Permits for Extra-Length/Excess Weight, Up to 129,000 Pound Vehicle CombinationsZero-Based Regulation Scheduled Review (Consolidation)
39.03.0739.03.07 Deletions & Comments• Rules Governing Special Permits for Reducible LoadsZero-Based Regulation Scheduled Review (Consolidation)

June 2023 Negotiated Rulemaking Meeting


Aeronautics & Highway Rules under review

RuleDraft VersionsDescriptionReason for review
39.03.40Draft 39.03.40• Rules Governing Junkyards and DumpsZero-Based Regulation Executive Order Scheduled Review
39.03.42Draft 39.03.42• Rules Governing Highway Right-of-Way
• Encroachments on State Rights-of-Way
Zero-Based Regulation Executive Order Scheduled Review
39.03.48Draft 39.03.48• Rules Governing Routes Exempt from Local Plans and OrdinancesZero-Based Regulation Executive Order Scheduled Review
39.03.50Draft 39.03.50• Rules Governing Safety Rest AreasZero-Based Regulation Executive Order Scheduled Review
39.04.01Draft 39.04.01• Rules Governing Aeronautics and AviationZero-Based Regulation Executive Order Scheduled Review

May 2023 Negotiated Rulemaking Meeting


DMV Rules under review

RuleDraft VersionsDescriptionReason for review
39.02.04Draft 39.02.04• Rules Governing Manufacturer and New Dealer Hearing FeesRepeal due to new law which changes dealer hearing process.
39.02.76Draft 39.02.76• Rules Governing Driver’s License and Identification Card
• Renewal-by-Mail and Electronic Renewal and Replacement Processes
New law allows for CDL online renewals.
39.03.08Draft 39.03.08• Rules Governing Self-Propelled SnowplowsMandatory ZBR Review
39.02.42Strike & Score Draft 39.02.42 & 39.02.46• Rules Governing Conditional Vehicle Registration When Proof of Ownership is InsufficientCombine with 39.02.46
39.02.46Combined Draft 39.02.42 & 39.02.46• Rules Governing Temporary Motor Vehicle Registration PermitCombine with 39.02.42
39.02.60Draft 39.02.60• Rules Governing License Plate ProvisionsPlate Revisions/Clean-up

2022-23 Rules

The Idaho Transportation Department’s (ITD) administrative rules can be found in IDAPA Title 39. Over the years, and under Governor Little’s Zero-Based Regulation (ZBR) Executive Order, ITD has made significant regulatory reductions and modifications in order to improve and streamline rules. ITD’s innovative thinking and customer-focused approach to administrative rulemaking has made ITD an example of what other agencies strive for under this initiative.

As of the 2022-23 rulemakings, the table below captured the Department’s reduction of regulations in support of Governor Little’s Red Tape Reduction Initiative:

2018 TotalsTotals As of March 31, 2022FY19-FY22
# of Chapters8042-38 (-47.5%)
# of Words121,99599,305-22,690 (-18.6%)
# of Restrictive words1,8091,242-567 (-31.3%)

The Department focuses heavily on transparency, industry engagement and public involvement. This web page is where you will find all of the information pertaining to ITD’s rulemakings for the 2023 Idaho legislative session.

Per the Idaho Legislature’s passage of HB640aaS-2022, ITD is initiating the negotiated rulemaking process to update the policies and procedures impacted by the State’s new Dig Once Policy.

ITD incorporates by reference the 2022 Edition of the Utility Accommodation Policy in IDAPA Title 39: 39.03.43 – Rules Governing Utilities on State Highway Right-of-Way.

Various Rulemaking Materials

Meeting Documents

2021-22 Rules

The Idaho Transportation Department’s (ITD) administrative rules can be found in IDAPA Title 39. Over the years, and under Governor Little’s Red Tape Reduction Act – E. O. 2019-02 and subsequent Zero-Based Regulation – E. O. 2020-01, ITD has made significant regulatory reductions and modifications in order to improve and streamline rules. During that time, the Department has made the following cuts to IDAPA Title 39:

FY19-21
# of Chapters-36 (-45%)
# of Words-17,637 (-14.5%)
# of Restrictive words-319 (-17.5%)

ITD’s innovative thinking and customer-focused approach to administrative rulemaking has made ITD an example of what other agencies strive for under Governor Little’s Red Tape Reduction Initiative. The Department focuses heavily on transparency, industry engagement and public involvement. This webpage is where you will find all of the information pertaining to ITD’s rulemakings for the 2022 Idaho legislative session.

Below, are 4 administrative fee rule drafts with proposed changes. Modifications are being made in order to update and streamline the chapters.
**No fees are being increased or revised.**

2020-21 Rules

The Idaho Transportation Department (ITD) is taking a minimalist approach to rulemaking for the 2021 legislative session.

The reason is two-fold:

1) Over the past 2 years, ITD has worked hard to significantly modify and improve IDAPA Title 39 and has successfully made the following cuts:

FY19FY20
# of Chapters-20-16
# of Words-12,066-6,060
# of Restrictive words-128-189

2) The Department continues to work on implementing and supporting Governor Little’s Zero-Based Regulation (ZBR) Executive Order No. 2020-01; which builds off of last year’s Red Tape Reduction Act. Therefore, ITD is continuously evaluating and reviewing administrative rules under IDAPA Title 39.


Administrative rulemaking at ITD is heavily focused on transparency, industry engagement and customer service. Therefore, almost all of ITD’s rulemakings are negotiated. This webpage is where you will find all of the information pertaining to ITD’s rulemakings for the 2021 legislative session.