Idaho Admin. Code r. 04.11.01.830 - REQUIREMENTS FOR NOTICE OF PROPOSED RULEMAKING

Current through August 30, 2021

01. Content of Notice of Proposed Rulemaking. Every notice of proposed rulemaking filed with the Coordinator for publication in the Bulletin shall include: (7-1-21)T
a. A statement of the specific statutory authority authorizing the rulemaking, including a citation to the specific section of Idaho Code that has occasioned the rulemaking or the federal statute or regulation if that is the basis of authority or requirement for the rulemaking; (7-1-21)T
b. A statement in nontechnical language of the substance of the proposed rules, including a specific description of any fee or charge being imposed or increased; (7-1-21)T
c. A statement whether the agency intends to conduct oral presentations concerning the proposed rules, and, if not, what persons must do in order to request an oral presentation. If the agency intends to take oral testimony on the proposed rule, the location, date and time of any public hearing must be included; (7-1-21)T
d. A specific description, if applicable, of any negative fiscal effect on the state general fund greater than ten thousand dollars ($10,000) during the fiscal year in which the pending rule will become effective; (7-1-21)T
e. The mailing address to which written comments and requests for public hearings concerning the proposed rules must be mailed. If the agency accepts comments and requests by facsimile transmission (FAX) or by e-mail, the FAX number or e-mail address, or both, at which comments may be delivered must be provided; (7-1-21)T
f. The name and telephone number of an agency contact to whom technical questions about the proposed rules may be referred; (7-1-21)T
g. The deadline date for the submission of written comment on the proposed rules and for submitting requests for an opportunity for an oral presentation concerning the proposed rules; (7-1-21)T
h. A statement whether negotiated rulemaking has been conducted, and if not, why not; and (7-1-21)T
i. The text of the proposed rules in legislative format. (7-1-21)T
02. Filing a Proposed Rulemaking for Publication in the Bulletin. (7-1-21)T
a. In all cases. The agency must file the information required in Subsection 830.01 of this rule with the Coordinator for publication in the Bulletin. The Coordinator is responsible for transmitting all required rulemaking documents to the Director of Legislative Services for analysis. (7-1-21)T
b. When fees are imposed or increased. In addition, if a fee or charge is imposed or increased through the proposed rulemaking, the agency must prepare and file with the Coordinator a statement of economic impact. This cost/benefit analysis must reasonably estimate the agency's costs to implement the rule and reasonably estimate the costs that would be borne by citizens, the private sector, or both, if the fees or charges being proposed are imposed by the rule. The cost/benefit analysis is not part of the proposed rulemaking notice and is not published in the Bulletin; it is a separate document that is submitted as part of the proposed rulemaking filing. (7-1-21)T
03. Incorporation by Reference. If an agency proposes to incorporate by reference into its rules any codes, standards or rules authorized by subsection 67-5229(1), Idaho Code, for incorporation by reference, the agency's notice of proposed rulemaking must also include the following information required by subsection 675229(2), Idaho Code: (7-1-21)T
a. Required information. A brief synopsis explaining why the incorporation is needed. (7-1-21)T
b. Electronic link or other access. A statement that notes where an electronic copy can be obtained or that provides an electronic link to the incorporated materials. If an electronic link is provided, at a minimum the link must be posted on the agency's website or included in the rule that is published in the Administrative Code on the Coordinator's website. If the incorporated material is copyrighted or otherwise unavailable, the rule must note where a copy of the incorporated materials may be viewed or purchased. (7-1-21)T
c. Identification of version or edition incorporated. The agency must provide all of the information required by Subsection 67-5229(2), Idaho Code, regarding identifying with specificity the version or edition of the code, standard or rule that is incorporated by reference, including, but not limited to, the date the document was published, approved or adopted, or became effective. (7-1-21)T
d. Example incorporations. The following are examples of the kind of specificity required by this Section and by Subsection 67-5229(2), Idaho Code: (7-1-21)T
i. 2009 Edition of the International Building Code, published by the International Code Council, available online at http://www.constructionbook.com/2009-international-building-code/; (7-1-21)T
ii. 2009 International Fire Code, published by International Code Council. Copies of the 2009 edition of the International Fire Code are available for public inspection at the office of the State Fire Marshal. Copies of the 2009 International Fire Code are available for purchase from the International Code Council, Northwest Resource Center, PO Box 8004, Bellevue, WA 98004. (7-1-21)T
iii. Code of Federal Regulations, Title 40, Part 35 Environmental Protection Agency's Regulations for State and Local Assistance under the Clean Water Act, Subpart A (July 1, 2009), available online at http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=40 and PART=35 and SUBPART=A and TYPE=PDF and YEAR=2009; and (7-1-21)T
iv. Federal Regulations adopted by the Drug Enforcement Agency, Department of Justice, published in the Federal Register; Amendments to Code of Federal Regulations, 21 CFR Part 1300, section 1300.01, Definitions of Schedule III Controlled Substances, 74 Federal Register No. 232, page 63609 (December 4, 2009), available online at http://www.nigc.gov/LinkClick.aspx?fileticket=_YB0eC63Jh4%3D and tabid=57 and mid=345. (7-1-21)T

Notes

Idaho Admin. Code r. 04.11.01.830

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