Bill > S1076

This bill amends the Idaho Administrative Procedure Act to establish more stringent guidelines for temporary rules, aiming to increase accountability and limit their use. The bill specifies that temporary rules should only be employed in emergency or limited situations where negotiated rulemaking is not feasible, requiring agencies to make every effort to use standard rulemaking processes. The governor must now publish a detailed statement explaining why a temporary rule is necessary when it is implemented due to specific circumstances such as an imminent threat to public health, safety, welfare, compliance with deadlines, reducing regulatory burden, protecting citizens' rights, or addressing a natural disaster. The bill introduces new restrictions on temporary rules, including a prohibition on readopting the same or substantially similar temporary rule without meeting specific conditions, such as a new emergency circumstance, waiting 90 days after the previous rule's expiration, or a gubernatorial disaster declaration. Additionally, the bill allows individuals who are adversely affected by a temporary rule to challenge the agency's action as a final agency action. The changes aim to provide more transparency and oversight in the creation and implementation of temporary administrative rules, ensuring that such rules are used sparingly and with clear justification.

Government Affairs, Justice

State Affairs Committee (S)

https://legislature.idaho.gov/sessioninfo/2025/legislation/S1076/