Rulemaking

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

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

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:

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.