A Proposed Rule is a formal, written proposal by an agency to adopt a new rule in accordance with the Idaho Administrative Procedure Act. In order for any rule to become a final (permanent) and enforceable rule, it must first be presented as proposed rule for public comment. When a rule is proposed, the PDC will accept written comments and may hold public hearings.
2020 Rulemaking UPDATED:
The PDC recently completed negotiated rulemaking to rewrite all current rules to simplify and clarify them and carry over the agency’s rule proposal from last year. A negotiated rulemaking meeting was held on July 24, 2020 and written comment ended on July 27, 2020, see Negotiated & Proposed Rulemaking. The PDC reviewed and evaluated oral and written comments received during the negotiated rulemaking process and on August 21, 2020 submitted administrative rule request forms (ARRFs) to DFM to advance the rulemaking process. If approved, a public hearing on the proposed rules is planned for October 14, 2020 and the Notices of Rulemaking – Proposed Rules are scheduled for publication in the October 7, 2020 volume of the Administrative Bulletin. Upon approval of the ARRFs, we will update this page with information about the planned hearing and access to the proposed rules. DFM approved the ARRFs on September 2, 2020. You may now access the proposed rules* and public hearing information below. *Note that the rules will go through standard formatting prior to publication so they may look different in the Administrative Bulletin.
The proposed rules were published in Administrative Bulletin Volume 20-10, October 7, 2020.
Access the Bulletin (full set of published proposed rules here), see pages 110-148.
As previously noted, the published rules are different than the version the PDC shared with stakeholders in September 2020. The changes incorporate standard formatting, related edits and updates arising from questions and feedback after the September version and prior to publication. If you would like a version comparing the published version to the September 2020 version, please email firstname.lastname@example.org.
Public Hearing October 14, 2020: click here for meeting details
Written Comments: Anyone may submit written comments regarding this proposed rulemaking. All written comments must be delivered on or before 5 pm Mountain Time on October 28, 2020. Send written comments to Kathleen J. Elliott, Executive Director, Idaho State Public Defense Commission, 816 W. Bannock, Suite 201, Boise, Idaho 83702, Phone: (208) 332-1735, Fax: (208) 364-6147, Kathleen.Elliott@pdc.idaho.gov
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistance on technical questions concerning the proposed rule, contact Kathleen Elliott at (208) 332-1735.
A Pending Rule is a rule that has been adopted by an agency under regular rulemaking procedures and remains subject to legislative review. This is essentially the agency’s “final rule” and the version of the rule is submitted to the legislature for approval.
The PDC’s Notices of Rulemaking and Pending Rules were published in Administrative Bulletin Volume 20-12, December 2, 2020. Amendments made to the proposed rules are published in this pending rule in red italicized text.
Access the portion of the Bulletin with the PDC specific notices and pending rules here.
Access the 2021 Legislative Committee Pending Rules Review Book containing the PDC’s notices and pending rules here.
On March 5, 2021, the PDC Commission approved changes to the pending rules to incorporate additional stakeholder input for presentation to the Legislature. The two documents available here include the rejected sections and replacement sections for the pending rules.
- The StrikeRejectApprovedforLegisReview20210305 document shows the rejected sections.
- The TemporaryApprovedforLegisReview20210305 document shows the sections to replace the rejected sections.
The pending rules will be taken up before the Senate Judiciary and Rules Committee on Monday, March 8, 2021 at 1:30 pm. You may access the Committee’s agenda at https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2021/standingcommittees/SJ&R.pdf