Idaho State Statutes - Idaho Attorney Directory

(1) Prior to the adoption,
amendment, or repeal of a rule, the agency shall publish notice of proposed
rulemaking in the bulletin. The notice of proposed rulemaking shall include:
(a) the specific statutory authority for the rulemaking including a
citation to the specific section of the Idaho Code that has occasioned the
rulemaking, or the federal statute or regulation if that is the basis of
authority or requirement for the rulemaking;
(b) a statement in nontechnical language of the substance of the proposed
rule, including a specific description of any fee or charge imposed or
increased;
(c) a specific description, if applicable, of any negative fiscal impact
on the state general fund greater than ten thousand dollars ($10,000)
during the fiscal year when the pending rule will become effective;
provided, however, that notwithstanding section 67-5231, Idaho Code, the
absence or accuracy of a fiscal impact statement provided pursuant to this
subsection shall not affect the validity or the enforceability of the
rule;
(d) the text of the proposed rule prepared in legislative format;
(e) the location, date, and time of any public hearings the agency
intends to hold on the proposed rule;
(f) the manner in which persons may make written comments on the proposed
rule, including the name and address of a person in the agency to whom
comments on the proposal may be sent;
(g) the manner in which persons may request an opportunity for an oral
presentation as provided in section 67-5222, Idaho Code; and
(h) the deadline for public comments on the proposed rule.
(2) (a) Coinciding with each issue of the bulletin, the coordinator shall
cause the publication of an abbreviated notice with a brief description of
the subject matter, showing any agency's intent to propose a new or
changed rule that is a new addition to that issue of the bulletin. The
form of the notice shall be substantially as follows: typefaces used shall
measure greater than seven (7) points, and space width shall not be less
than two (2) newspaper columns. The content of the notice shall be
substantially as follows:
A prominent bold typeface heading designed to alert readers to the
rules and information contained in the notice. The notice shall include
the agency name and address, rule number, rule subject matter as provided
in paragraph (1)(b) of this section, and the comment deadline. A brief
statement in a prominent bold typeface that informs citizens where they
can view the administrative bulletin in hard copy or electronic form shall
be included.
(b) The coordinator shall cause the notice required in paragraph (a) of
this subsection to be published in at least the accepting newspaper of
largest paid circulation that is published in each county in Idaho or, if
no newspaper is published in the county, then in an accepting newspaper of
largest paid circulation published in Idaho and circulated in the county.
The newspaper of largest circulation shall be established by the sworn
statement of average annual paid weekday issue circulation that has been
filed by a newspaper with the United States post office for the calendar
year immediately preceding the calendar year during which the
advertisement in this section is required to be published. The coordinator
is authorized to negotiate a rate or rates with any or all newspapers
publishing these notices which will provide adequate exposure to the
notices by the least expensive means. For the purposes of this section,
the provisions of section 60-105, Idaho Code, shall not apply.

Click here to visit the Official Idaho State Statutes