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H0539

New Rules for Temporary State Regulations in Idaho

Last scannedAug 24, 2026, 7:59 AM

In one sentence

This law changes how state agencies create temporary rules by requiring the governor to find that specific emergency or limited situations exist before a rule can take effect immediately.

Requires agencies to try using negotiated rulemaking instead of temporary rules whenever possible because temporary rules do not always follow that process.
Allows an agency to adopt a temporary rule only if the governor finds there is an imminent threat to public health, safety, or welfare from a new danger or worsening condition.
Permits temporary rules for meeting federal deadlines, reducing regulatory burdens on people and businesses, protecting citizens' rights, or handling natural disasters.
Requires agencies to start creating a permanent proposed rule at the same time they adopt a temporary one, unless the temporary rule will expire before the new rule could be finished.
Stops agencies from re-adopting an expired temporary rule as a similar rule again unless 90 days have passed or the governor finds it is necessary due to emergency conditions.

This law does not explain how long a temporary rule can stay in effect before it expires.
It is unclear what specific steps an agency must take if the governor denies permission for a temporary rule.
The text does not list which state agencies are exempt from these new requirements.

Plain language

Temporary rule: A short-term regulation used when an agency needs a new rule to take effect immediately before the normal process is finished.
Negotiated rulemaking: The standard process where agencies work with different groups to create rules through discussion and agreement, which temporary rules often skip.

Official record

Source attached

Admin procedure act, temp rules

Official activity