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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. There are currently no proposed rules. (11/27/17)

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.

  • 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.

Text of Pending Rule: PENDING IDAPA 61.01.06 (New Chapter) This pending rule will be published in the January 3, 2018 Legislative Bulletin for approval by the Idaho Legislature.

  • IDAPA 61.01.07 – RULES GOVERNING 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).

PLEASE NOTE: The Standards for Defending Attorneys document will be incorporated into IDAPA 61.01.08. For the 2017 edition, see below.

Text of Pending Rule: PENDING IDAPA 61.01.07 This pending rule will be published in the January 3, 2018 Legislative Bulletin for approval by the Idaho Legislature.

  • 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 Pending Rule: PENDING IDAPA 61.01.08 (New Chapter) This pending rule will be published in the January 3, 2018 Legislative Bulletin for approval by the Idaho Legislature.

Text of Incorporated Pending Document, Standard for Defending Attorneys, 2017 edition: PENDING Standards for Defending Attorneys

Text of Incorporated Pending Document, Capital Counsel Roster Application: PENDING Capital Counsel Roster Application

Legislative Hearings, 2018 Regular Legislative Session

Wednesday, January 17, 2018, before the House Judiciary, Rules & Administration Committee, 1:30 p.m. at the Statehouse, Rm. EW42, Presentation on IDAPA 61.01.06, 61.01.07 and 61.01.08

CANCELLED–Please check back for the new date. Wednesday, January 24, 2018, before the Senate Judiciary & Rules Committee, 1:30 p.m. at the Statehouse, Rm. WW54, Presentation on IDAPA 61.01.06, 61.01.07 and 61.01.08