Administrative Rulemaking
2023-24 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.
PUBLIC HEARING SCHEDULED
The department will hold a negotiated rulemaking meeting to discuss draft changes to the Aeronautics & Highway Rules in the table below.
June 14, 2023 | 1:00 to 4:00 p.m. MDT
ITD Headquarters @ State of Idaho Chinden Campus
11331 W. Chinden Boulevard, Building 8 | Boise, ID 83714
Enter through the west side of Bldg. 8: American Falls Conference Room
Online participation via Microsoft Teams is also available:
Join Microsoft Teams meeting
Meeting ID: 238 738 977 617
Passcode: DdgSva
Download Teams | Join on the web
Aeronautics & Highway Rules under review
Rule | Description | Reason for review |
---|---|---|
39.03.40 | • Rules Governing Junkyards and Dumps | Zero-Based Regulation Executive Order Scheduled Review |
39.03.42 | • Rules Governing Highway Right-of-Way • Encroachments on State Rights-of-Way | Zero-Based Regulation Executive Order Scheduled Review |
39.03.48 | • Rules Governing Routes Exempt from Local Plans and Ordinances | Zero-Based Regulation Executive Order Scheduled Review |
39.03.50 | • Rules Governing Safety Rest Areas | Zero-Based Regulation Executive Order Scheduled Review |
39.04.01 | • Rules Governing Aeronautics and Aviation | Zero-Based Regulation Executive Order Scheduled Review |
May 2023 Negotiated Rulemaking Meeting
- Rulemaking Meeting Minutes | May 15, 2023
DMV Rules under review
Rule | Draft Versions | Description | Reason for review |
---|---|---|---|
39.02.04 | Draft 39.02.04 | • Rules Governing Manufacturer and New Dealer Hearing Fees | Repeal due to new law which changes dealer hearing process. |
39.02.76 | Draft 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. |
39.03.08 | Draft 39.03.08 | • Rules Governing Self-Propelled Snowplows | Mandatory ZBR Review |
39.02.42 | Strike & Score Draft 39.02.42 & 39.02.46 | • Rules Governing Conditional Vehicle Registration When Proof of Ownership is Insufficient | Combine with 39.02.46 |
39.02.46 | Combined Draft 39.02.42 & 39.02.46 | • Rules Governing Temporary Motor Vehicle Registration Permit | Combine with 39.02.42 |
39.02.60 | Draft 39.02.60 | • Rules Governing License Plate Provisions | Plate Revisions/Clean-up |
For questions please 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
- Determining feasibility
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.
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 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 Totals | Current Totals* | FY19-FY22 | |
---|---|---|---|
# of Chapters | 80 | 42 | -38 (-47.5%) |
# of Words | 121,995 | 99,305 | -22,690 (-18.6%) |
# of Restrictive words | 1,809 | 1,242 | -567 (-31.3%) |
* As of March 31, 2022 |
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.
- 39.02.02: Rules Governing Vehicle & Vessel Dealer License Requirements – Motor Vehicles
- 39.02.22: Rules Governing Registration and Permit Fee Administration fee rule
- 39.02.26: Rules Governing Temporary Vehicle Clearance for Carriers fee rule
- 39.02.70: Rules Governing Restricted Driving Permits
- 339.02.71: Rules Governing Driver’s License Violation Point System
- 39.02.72: Rules Governing Administrative License Suspensions
- 39.02.73: Rules Governing Accident Prevention Course
- 39.03.44: Rules Governing Highway Relocation Assistance for Persons Displaced by Public Programs
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.
- ITD Utility Accommodation Policy | 2023 Edition
Various Rulemaking Materials
- Utility Accommodation Policy Draft #1
- Utility Accommodation Policy Draft #2
- ITD Shared Resource Agreement Template 2022
- ITD SWF Agreement Template 2022
- Utility Accommodation Policy (2022)
- Guide for Utility Management (Jan. 2012)
- HB640aaS-2022: Idaho Broadband Dig Once and Right-of-Way Act
- Idaho Broadband Advisory Board | HB127-2021
- Governor Little accepts Idaho Broadband Task Force recommendations (2019)
Meeting Documents
- Broadband Rulemaking Presentation (6.13.22)
- Meeting Transcript (6.13.22)
- June 2022 Rulemaking Comments
- Broadband Rulemaking Presentation (7.11.22)
- Meeting Transcript (7.11.22)
- July 2022 Rulemaking Comments
- Broadband Rulemaking Presentation (9.20.22)
- Meeting Transcript (9.20.22)
- September 2022 Rulemaking Comments
- Broadband Rulemaking Notes (9.20.2022)
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.
ITD incorporates by reference the July 2003 Edition of the Utility Accommodation Policy in IDAPA Title 39: 39.03.43 – Rules Governing Utilities on State Highway Right-of-Way
Rule Drafts
Meeting Documents
- ITD Utility Accommodation Negotiated Rulemaking Concept Sheet
- Negotiated Meeting Transcript (June 15, 2021)
- Negotiated Meeting Transcript (June 24, 2021)
- Broadband Utility Rulemaking Presentation (June 24, 2021)
- Negotiated Meeting Transcript (July 20, 2021)
- Public Hearing Transcript (November 16, 2021)
Various Rulemaking Information
- Public Comments: RD1
- Public Comments: RD2
- Utility Accommodation Policy (July 2003)
- Guide for Utility Management (Jan. 2012)
- Idaho Broadband Advisory Board | HB127-2021
- Governor Little accepts Idaho Broadband Task Force recommendations (2019)
- Board Agenda Item and Resolution (May 2021)
- Negotiated Rulemaking Notice (Page 65, June 2021)
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.**
- 39.02.04: Rules Governing Manufacturer and New Dealer Hearing Fees (FEE)
- 39.02.05: Rules Governing Issuance of Certificates of Title (HB128-21, FEE)
- 39.02.41: Rules Governing Special Provisions Applicable to Fees for Services (FEE)
- 39.02.60: Rules Governing License Plate Provisions (HB165-21, FEE)
- Negotiated Rulemaking Notice (Page 63, June 2021)
- DMV Fee Rules Meeting Transcript (June 20, 2021)
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:
FY19 | FY20 | |
---|---|---|
# 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, 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.
- Idaho Administrative Bulletin: Negotiated Rulemaking Notices
- 39.02.60 – Rules Governing License Plate Provisions (Draft #1)
- 39.02.71 – Rules Governing Driver’s License Violation Point System (Draft #1)
- Negotiated Rulemaking Meeting was held on June 18, 2020
- Pending Rules for 2021 Idaho Legislature
- 39.02.71 – Rules Governing Driver’s License Violation Point System (see page 24)
- Omnibus Pending Fee Rules (see page 2,143)
- Current Temporary Rules
2019-20 Rules
In advance of the 2020 legislative session, the Idaho Transportation Department (ITD) made significant contributions in support of Governor Little’s Red Tape Reduction Act, Executive Order No. 2019-02.
This work came on the heels of ITD spearheading a significant rule consolidation for the 2019 legislative session as well; when the Department successfully combined 22 IDAPA chapters into eight and 17 CMV Annual Permits to eight.
ITD has continued these efforts within the agency’s administrative rules, IDAPA Title 39.
The Department is heavily focused on transparency, industry engagement and customer service. Therefore, most of ITD’s rulemakings are negotiated.
This webpage is where you will find all of the information pertaining to ITD’s rulemakings for the 2020 legislative session.
- July Idaho Administrative Bulletin
- Special Edition of the Idaho Administrative Bulletin – June 19, 2019
Temporary Rules (effective July 1, 2019)
Proposed Rules
39.03.49: Rules Governing Ignition Interlock Breath Alcohol Devices
Negotiated Rulemaking July Meetings
- July 2019 Schedule & Meeting Details
- July 17, 2019 | (1:30pm-2:30pm) 39.02.76: Rules Governing Driver’s License Renewal-by-Mail and Electronic Renewal Process & (3pm-6pm) CMV Rules
- July 24, 2019 | (1:30pm-3pm) 39.02.75: Rules Governing Names on Drivers’ Licenses and Identification Cards & (3:30pm-6pm) Consolidated Vehicle Titles Rule
- July 29, 2019 | (1:30pm-2:30pm) 39.02.42: Temporary Vehicle Registration When Proof of Ownership Is Insufficient & (3:30pm-6pm) Consolidated Traffic Signs/ROW Rules
Negotiated Rules
- Consolidated Vehicle Titles Rule DRAFT #2
- 39.03.41: Rules Governing Traffic Control Devices DRAFT #1
- 39.02.76: Rules Governing Driver’s License and Identification Card Renewal-by-Mail and Electronic Renewal and Replacement Processes DRAFT #1
- 39.02.75: Rules Governing Names on Drivers’ Licenses and Identification Cards DRAFT #1
- 39.02.42: Temporary Vehicle Registration When Proof of Ownership Is Insufficient DRAFT #1
- Consolidated Vehicle Titles Rule DRAFT #1
- Governor Little takes additional steps to simplify, improve rulemaking processes – July 25, 2019
- Idaho pursues further cuts to state regulations – July 19, 2019
- OPINION: How Idaho ushered in the largest regulatory cuts in state history – June 19, 2019
- Idaho administrative rules republished – June 19, 2019
- Governor Little proposes to cut and simplify one-third of all rule chapters, invites public comment – May 21, 2019
- Governor Little outlines process to keep administrative rules in effect – April 23, 2019
- Progress advances on Governor Little’s rule consolidation executive order – February 25, 2019
- Governor Little signs two new executive orders reducing regulatory burdens on Idahoans – January 31, 2019