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Proposed and Pending Rules

After rules have been created through the negotiated rulemaking process, but prior to legislative approval, the PDC will post rules on this page.

Proposed Rules

A Proposed Rule is a formal, written proposal by an agency to adopt a new rule in accordance with the 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. The following are rules that have been submitted as proposed (8/22/17):

  • IDAPA 61.01.06 – RULES GOVERNING PROCEDURES FOR THE OVERSIGHT, IMPLEMENTATION, ENFORCEMENT, AND MODIFICATION OF INDIGENT DEFENSE STANDARDS

This rule has been promulgated pursuant to Idaho Code 19-850(1)(a)(vi). The PDC focused on oversight and enforcement this year.

To make public comment online regarding  IDAPA Docket No. 61-0106-1701, New Chapter, Rules Governing Procedures for the OVERSIGHT, IMPLEMENTATION, ENFORCEMENT AND MODIFICATION of Indigent Defense Standards, click HERE. Comments will be accepted through October 25, 2017.

Text of Proposed Rule: PROPOSED IDAPA 61.01.06 – to be published in the October 4, 2017 legislative bulletin

  • IDAPA 61.01.07 – RULES GOVERNING THE STANDARDS FOR DEFENDING ATTORNEYS THAT UTILIZE IDAHO’S PRINCIPLES OF AN INDIGENT DEFENSE DELIVERY SYSTEM

This rule has been promulgated pursuant to Idaho Code 19-850(1)(a)(vii). The PDC focused on an investigation standard for defending attorneys and the qualifications required to represent a client charged with a capital crime (i.e. capital counsel qualifications).

To make public comment online regarding IDAPA Docket No. 61-0107-1701 regarding CAPITAL COUNSEL STANDARDS, click HERE. Online comments will be accepted through October 25, 2017.

To make public comment online regarding IDAPA Docket No. 61-0107-1701 regarding INVESTIGATION AND THE USE OF EXPERT WITNESSES, click HERE. Online comments will be accepted through October 25, 2017.

PLEASE NOTE: The Standards for Defending Attorneys document will be incorporated into IDAPA 61.01.08. For a draft of the 2017 edition, which includes the bulk of the capital counsel standards, navigate to the Negotiated Rulemaking page.

Text of Proposed Rule: PROPOSED IDAPA 61.01.07 – to be published in the October 4, 2017 legislative bulletin

Public Hearings

October 11, 2017 – Boise – 4:00PM MDT: The Grove Hotel, The Riverfork Room, 3rd Floor

October 12, 2017 – Caldwell – 6:00PM MDT: Canyon County Administration Bulletin, 1st Floor Public Meeting Room

October 17, 2017 – Idaho Falls – 6:00PM MDT: Residence Inn

October 17, 2017 – Lewiston – 6:00PM PDT: Red Lion Hotel, Port 1 Room

October 18, 2017 – Pocatello – 6:00PM MDT: Holiday Inn Express & Suites, Scout Mountain Room

October 18, 2017 – Coeur d’Alene – 6:00PM PDT: Best Western Plus, Idaho Room

October 19, 2017 – Twin Falls – 6:00PM MDT: Hilton Garden Inn, I.B. Perrine Room

Pending Rules

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.

Currently, there are no pending rules. (9/6/17)