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Administrative Rulemaking

2020-21 Rulemaking

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:

# 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.

If you have any questions, comments, concerns or want to sign-up for the stakeholder list please contact:

Ramón S. Hobdey-Sánchez | Office of Governmental Affairs
Phone: (208) 334-8810 | Email:

Idaho Transportation Department
Office of Governmental Affairs
3311 W. State St.
P.O. Box 7129
Boise ID 83707-1129

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.

If you have any questions regarding Idaho Transportation Department rulemaking or would like information on how to provide us with your comments, please contact:

Ramón S. Hobdey-Sánchez | Office of Governmental Affairs
Phone: (208) 334-8810 | Email:

Idaho Transportation Department
Office of Governmental Affairs
3311 W. State St.
P.O. Box 7129
Boise ID 83707-1129

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.

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.

Temporary Rules (effective July 1, 2019)

39.03.06: Rules Governing Special Permits for Extra-Length/Excess Weight Up to 129,000 Pound Vehicle Combinations

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

2018-19 Rules

The Commercial Motor Vehicle (CMV) Annual Permit negotiated rulemaking was initiated based on the directive given by the 2018 Legislature in SCR130. The Department was also approached by industry regarding the consolidation of annual permits in an effort to become more efficient and streamlined. These specific administrative rules provide the authority, process and details for the Department’s issuance of commercial motor vehicle annual permits. There were 22 administrative rules that dealt with CMV annual permits and there are now only eight. Additionally, 17 annual permits were consolidated into eight.

This rulemaking was very well-received by both the Idaho legislature and the Governor’s Office during the 2019 legislative session.

Educational Materials

Proposed Drafts #1

Proposed Drafts #2

Proposed Drafts #3

Public Comments

2016-17 Rules

Federal litigation raised considerations for certain oversize vehicles and non-reducible loads traveling through the Nez Perce National Forest (NPNF) on US-12. The federal district court held that the United States Forest Service (USFS) has concurrent jurisdiction of vehicles and loads traveling through the NPNF. The USFS responded and stated it would review all oversize vehicles/loads greater than 16 feet wide and/or 150 feet in length when such vehicles or loads travel on US-12 between milepost 74 and milepost 174.

The modifications made to this rule addressed truck permitting for non-reducible, oversized loads traveling on US-12 in northern Idaho, between milepost 74 and milepost 174. Specifically, the rule change addressed loads that fall under one of the following criteria: 1) exceeds sixteen (16) feet wide and/or one hundred and fifty (150) feet in length; 2) load movement requires longer than twelve (12) hours to travel through the designated mileposts; or 3) load movement requires physical modification of the roadway or adjacent vegetation to facilitate passage beyond normal highway maintenance.

Educational Materials

ITD initiated this negotiated rulemaking at the request of the Governor’s Office. The goal of this process, according to Governor Otter, was to make “our highways safer for all motorists by insisting that all trucks, of every weight and classification, are configured, maintained and driven in ways that maximize public safety.”

This negotiated rulemaking was in regards to ALL loads/vehicles that operate using an overlegal permit. The areas of emphasis for discussion were: 1) safety, 2) regional harmonization, 3) improved permitting processes and 4) improved customer service. This process went beyond truck weights to include all relevant, professionally established and widely accepted technical and operational standards.

A significant piece of this negotiated rulemaking process was collecting, organizing and considering public comments.

Educational Materials

2015-16 Rules

Rule Title Description Status Public Comments
39.02.03 – Rules Governing Vehicle Dealer’s Principal Place of Business This rule change removes the minimum business-hour requirements for motor vehicle dealers that were added in the 2015 rule changes. It also clarifies a requirement that all vehicle dealers must declare in writing to ITD the regular hours that their dealerships are open and when they are available to be contacted by the Department or their customers. Public comment period closed. See below
39.03.13 – Rules Governing Overweight Permits The proposed change will clarify when a bridge analysis is required, what the expected time frames will be to complete the analysis and whether it will be completed by the Department or a third party. If a third party analysis is required, the applicant is responsible for paying the cost of that analysis. Public comment period closed. See below

Public Comments

Negotiated Rulemaking 39.02.03 – Rules Governing Vehicle Dealer’s Principal Place of Business

Date Name Comments
6/8 Camden Rovig Supports rule change.
6/9 Roger I. Perry Wanted clarification on what was being changed in the rule.
6/9 Adam Strongly supports change & doesn’t think there should be any rules dictating a dealer’s hours, wrong place for government involvement; supports change.
6/9 Shelley Thank you for reconsidering the minimum required hours. In this day and age of mobile everything it seems a step backward to require someone to sit in a location for 20 hours a week.
6/9 David Hall Been in business for 18 years and is 62yo; extremely happy with the change and appreciates the flexibility by the Department to make this change.
6/8 Brian Mattson Does not support the change and thinks rule should stay the same.
6/9 L4 Trailer Sales Strongly supports rule change.
6/7 E.G. Sanchez Fully supports rule change.
6/9 Morning Butler & Tim Coral Supports rule change.
6/12 Brett Robinson Strongly supports change.
6/9 Brad Moss Does not support change; could hurt legitimate dealers/industry.
6/10 Craig Leoni Supports the rule change.
6/12 John L. Parrett Does not support change…rule change negatively affects full-time dealers.
6/15 Brad George Supports the rule change as he feels it puts small dealers at a disadvantage and also negatively impacts consumers purchasing cheap used cars.
6/16 Duane Hronik Supports the rule change.
6/19 Gloria Fong/Rosale Potratz Supports rule change.
6/19 John Hamilton General inquiry: part-time business; supports the change
6/24 Gabe Hon Fully supports rule change.
7/1 Maggie Ransom As a consumer, I think all businesses should post their hours of operation. This is very helpful when trying to do business with them face to face.
7/3 I would like to be included for the proposed rule change removing the minimum business hour requirements for Idaho dealers.
7/3 Scott Dunford Does not support change.

Public Comments

Negotiated Rulemaking 39.03.13 – Rules Governing Overweight Permits

Date Name Comments
7/1 Maggie Approves of the proposed changes.
7/16 Tyler Mallard General inquiry.