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Rulemaking

Administrative Rulemaking

2021-22 Rulemaking

The Idaho Transportation Department’s (ITD) administrative rules can be found in IDAPA Title 39. Over the past 3 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.

July Negotiated Rulemaking Meetings

Participation in-person is available at the listed location.

Meeting Topic & Date | Location | Online & Call-In Meeting Options


Broadband

 
Tuesday, July 20, 2021 | 3:00-5:00 pm (MT)
ITD HQ – Auditorium
3311 W. State Street, Boise, ID 83703

Join Online Webex Meeting

Join by phone at: 1-844-740-1264

Meeting number/access code: 1779 77 2103
Meeting password: 1234



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: ramon.hobdey-sanchez@itd.idaho.gov

Address:
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: ramon.hobdey-sanchez@itd.idaho.gov

Address:
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.

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, 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.

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