Special Bulletin - All agency rules have been signed by the governor as temporary and proposed rules.
The 2019 Idaho Legislature did not reauthorize all existing administrative rules as they have traditionally done in the past. §67-5292 states that all administrative rules automatically expire on July 1 unless extended by statute. As a result, the Governor directed the Idaho Department of Fiscal Management and all state executive agencies to exercise necessary executive authority to minimize the impact on state agencies, and the public most importantly.
The PDC has posted a section of a special edition of the Idaho Administrative Bulletin which re-publishes the State’s administrative rules as temporary and proposed rules concurrently, with an effective date of June 30, 2019. This excerpt contains all the PDC's IDAPA Rules. This approach ensures the state’s administrative rules will continue to have the full force and effect of law. This republishing also opens all PDC rules for written comments for 21 days after the date of this bulletin.
Below is a list of PDC rules that have been re-authorized by the governor. All these rules are open to public written comment for 21 days. To submit a written comment, please contact either your regional coordinator, submit your comments in writing to the Boise office of the PDC, or email them to firstname.lastname@example.org.
- 61.01.01 – Rules Governing Training Requirements for Defending Attorneys and the Administration of Training Funds
- 61.01.02 – Rules Governing Uniform Data Reporting Requirements and Forms for Defending Attorney Annual Reports
- 61.01.03 – Rules Governing Contracts and Core Requirements for Contracts Between Counties and Private Attorneys for the Provision of Indigent Defense Services
- 61.01.04 – Rules Governing Procedures and Forms for the Application and Disbursement of Indigent Defense Grants
- 61.01.06 – Rules Governing Procedures for the Oversight, Implementation, Enforcement,and Modification of Indigent Defense Standards
- 61.01.07 – Rules Governing Standards for Defending Attorneys that Utilize Idaho’s Principles of an Indigent Defense Delivery System
- 61.01.08 – Rules Governing the Administration of Idaho’s Indigent Defense Delivery System – Rule Definitions
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, at some point, but a proposed rule. A proposed rule cannot be enforced.
When a rule is proposed, the PDC will hold public hearings for comment, as well as accept comments in writing.
This year the PDC has requested permission to write two new rules. Each rule will be building upon the PDC's Standards for Defending Attorneys.
Both rules will amend the Standards for Defending Attorneys, Edition 2018. One rule will implement the principle that the delivery of indigent defense services shall be independent of political and judicial influence. The other will implement the principle of reasonable equity between defending attorneys and prosecuting attorneys with respect to resources, staff and facilities.
To help create both rules, the PDC has scheduled a series of negotiated rulemaking meetings throughout the State. Please see below for those dates.
Thursday, July 11, 2019
Friday, July 12, 2019
|Idaho Law and Justice Learning Center
514 W. Jefferson Street
Boise, ID 83702
|Twin Falls Public Library
201 4th Ave E
Twin Falls, ID 83301
Monday, July 15, 2019
Thursday, July 18, 2019
|County Administrative Building
1st Floor Public Hearing Room
111 North 11th Avenue
Caldwell, ID 83605
|Lewiston City Library
411 D Street
Lewiston, ID 83501
Friday, July 19, 2019
Monday, July 22, 2019
|Coeur d'Alene Public Library
702 E. Front Avenue
Coeur d'Alene, ID 83814
|Idaho State University
Pond Building - Heritage Room
921 South 8th St.
Pocatello, ID 83209
Tuesday, July 23, 2019
|Idaho Falls Public Library
Conference Room 208
457 West Broadway
Idaho Falls, ID 83402
Please see the complete 2019 Negotiated Rule Making Notice for more details.
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 has no pending rules at this time.