Official Government Website

Administrative Rules

The PDC has been tasked with the responsibility of creating rules related to the improvement of the public defense system in Idaho pursuant to Idaho Code 19-850. The PDC’s rules are in IDAPA 61, available on the official IDAPA website Idaho Office of the Administrative Rules Coordinator. If you need to access to the 2018 Standards for Defending Attorneys that were previously in effect, they are available here: 2018 Standards

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.

Proposed and Pending Rules

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. 

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.

For details about the rulemaking process, please see the Idaho Office of the Administrative Rules Coordinator.

 

 

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