Rulemaking 2021

Step 1: Negotiated Rulemaking

Negotiated rulemaking is an informal part of the rulemaking process in which interested and affected persons and the agency seek to reach a consensus on the content of a rule. The PDC strongly encourages participation in the process from all stakeholders and welcomes public comment. Once negotiated rulemaking is completed or if negotiated rulemaking is not feasible, the agency will draft a proposed rule and publish it for public review and comment. To review any PDC Proposed Rules, please see the Proposed and Pending Rule page. For details about the rulemaking process, please see the Idaho Office of the Administrative Rules Coordinator.

PDC Negotiated Rulemaking Meetings via Zoom for Public Participation:

Two 2-hour meetings on May 18, 2021. Click on the link(s) below to register:

11:00 a.m. to 1:00 p.m. Pacific/12:00 p.m. to 2:00 p.m. Mountain Time;
3:00 p.m. to 5:00 p.m. Pacific/4:00 p.m. to 6:00 p.m. Mountain Time

• 2021 Negotiated Rulemaking Notices 
• IDAPA 61.01.01 
• IDAPA 61.01.02 

Please review Chapters 1 and 2 (available at the links above).  These contain the text prepared in collaboration with stakeholders and presented to the 2021 Legislature.  This is the focus of the 2021 Negotiated Rulemaking and is shown within the relevant Chapter in “redline format” so it easy for you to identify and understand.  You may comment verbally during the meeting and/or in writing before or after the meeting prior to the comment deadline, which is May 31, 2021. Please also see the Negotiated Rulemaking Notices (available at the link above). 

Step 2: Proposed Rules UPDATED

2021 Rulemaking Proposed Rules Public Hearing Dates *NEW DATES*

The Commission reviewed and evaluated oral and written comments received during the negotiated rulemaking process and approved the proposed rules on June 15, 2021. 

Please review the proposed rules* at the links below:

• IDAPA 61.01.01 610101PDCProposedRulesApproved20210615
• IDAPA 61.01.02 610102PDCProposedRulesApproved20210615

The timeline for the PDC’s Proposed Rules has changed.  The public hearings and comment deadline are now in September. These changes allow additional time for your review and input. Please see updated information below.  If you registered for one or both of the previously scheduled August hearing dates, you will need to register for one or both of the September hearing dates.

The proposed rules will be published in the September 1, 2021 Bulletin. So it is easy to identify the differences between the negotiated rulemaking text and the proposed rules, the proposed rules in this step 2 show only the changes to negotiated rule text (available in step 1, above) in legislative format.  (The two changes are in proposed rules 61.01.02.060.03.n.xii and 61.01.02.090.01.) *Note that the rules will go through standard formatting prior to publication, including formatting all negotiated rulemaking text, as revised in the proposed rules, in legislative format, so they will look different in the Administrative Bulletin. The September Administrative Bulletin was published on September 1, 2021, and you can access the portion of the Bulletin containing the PDC’s Proposed Rules notice and text here

The Commission will hold two (2) public hearings on the proposed rules via Zoom and meeting site on the following new dates/times:

Thursday, September 9, 2021 at 1:00 pm- 3:00 pm PST/2:00 pm – 4:00 pm MST 

Friday, September 17, 2021 at 10:30 am – 12:30 pm PST/11:30 am – 1:30 pm MST

* Attendance via Zoom Meeting is Encouraged *

 

To register for one or both of the Zoom public hearings, please click below on the hearing date(s) you want to register for:

September 9, 2021

September 17, 2021

You may comment verbally during the hearings and/or in writing before or after the hearings prior to the comment deadline, which is September 24, 2021. The Commission will consider all timely comments on the proposed rules and adopt pending rules.  The pending rules will be published in the Bulletin. Publication of the pending rules completes the agency’s rulemaking process. The pending rules will then be submitted for 2022 Legislature review. 

Step 3: Pending Rules:

On November 29, 2021, the Commission adopted as pending rules, the proposed rules published in the September 1, 2021 Administrative Bulletin. Notices of the pending rules were published in the January 5, 2022 Administrative Bulletin.  Please feel free to contact Tammy Zokan, Policy and Compliance Counsel, with any questions.

Rulemaking Record: Comments and Resources

Pursuant to Section 67-5225, Idaho Code, the PDC maintains a rulemaking record that is available for inspection by the public for at least two (2) years after the effective date of the rule. A portion of the rulemaking record for negotiated rules may be posted on this page. If you’d like to inspect the full rulemaking record for any negotiated rule, please contact our office.

2021 Rulemaking Record and related materials are available here.  The PDC will update this link on a weekly basis as additional materials become available.