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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 – 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, see below.

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

  • IDAPA 61.01.08 – RULES GOVERNING THE ADMINSTRATION OF IDAHO’S INDIGENT DEFENSE DELIVERY SYSTEMS – RULE DEFINITIONS

This rule has been promulgated pursuant to Idaho Code 19-850(1)(a) and 19-850(2)(c). This chapter includes all documents incorporated by reference for all chapters, as well as definitions for all chapters.

Text of Proposed Rule: PROPOSED RULE IDAPA 61.01.08 – to be published in the November 1, 2017 legislative bulletin

Text of Proposed Standards: PROPOSED Standards for Defending Attorneys- edition 2017

Proposed Capital Counsel Application: PROPOSED Capital Defense Roster Application

To make public comment online regarding CAPITAL COUNSEL STANDARDS, click HERE. Online comments will be accepted through November 22, 2017.

To make public comment online regarding INVESTIGATION AND THE USE OF EXPERT WITNESSES, click HERE. Online comments will be accepted through November 22, 2017.

Public Hearings

Public hearings were held in each Judicial District in October. Comments from those meetings will be summarized and posted soon.

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. (10/24/17)