IDAHO ADMINISTRATIVE PROCEDURE ACT – Amends existing law to establish provisions regarding temporary rules and to revise provisions regarding temporary rules.

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
539
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
THE
IDAHO
ADMINISTRATIVE
PROCEDURE
ACT;
AMENDING
SECTION
2
67
-
5226,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
TEMPORARY
RULES
3
AND
TO
REVISE
PROVISIONS
REGARDING
TEMPORARY
RULES;
AND
DECLARING
AN
4
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Section
67
-
5226,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
67
-
5226.
TEMPORARY
RULES.
(1)
The
legislature
finds
that
temporary
9
rules
do
not
always
follow
the
negotiated
rulemaking
process.
Therefore,
to
10
ensure
accountability
of
agency
rules
to
the
legislature
and
to
Idaho
citi
-
1
1
zens,
temporary
rules
shall
be
used
only
in
emergency
or
other
limited
situa
-
12
tions
where
negotiated
rulemaking
is
not
feasible.
Agencies
shall
make
ev
-
13
ery
effort
to
promulgate
rules
utilizing
the
negotiated
rulemaking
process.
14
(1)
(2)
If
the
governor
finds
that:
15
(a)
Protection
of
An
imminent
threat
to
the
public
health,
safety,
or
16
welfare
from
a
specified
danger
that
was
unknown
to
the
agency
prior
to
17
or
during
the
most
recent
session
of
the
legislature
or
from
the
measur
-
18
able
worsening
of
such
threat
or
danger
;
or
19
(b)
Compliance
with
deadlines
in
amendments
to
governing
law
or
federal
20
programs
;
or
21
(c)
Reducing
a
regulatory
burden
that
would
otherwise
impact
individu
-
22
als
or
businesses;
23
(d)
Protection
of
citizens'
rights;
or
24
(e)
A
natural
disaster;
25
requires
a
rule
to
become
effective
before
it
has
been
submitted
for
26
legislative
review,
the
governor
shall
publish
a
statement
explaining
why
27
an
earlier
effective
date
is
required
in
accordance
with
the
provisions
of
28
this
section.
The
agency
may
then
proceed
with
such
notice
as
is
practi
-
29
cable
and
adopt
a
temporary
rule,
except
as
otherwise
provided
in
section
30
67
-
5229(1)(d),
Idaho
Code.
The
agency
may
make
the
temporary
rule
immedi
-
31
ately
effective.
The
agency
shall
incorporate
the
required
finding
and
a
32
concise
statement
of
its
supporting
reasons
in
each
rule
adopted
in
reliance
33
upon
on
the
provisions
of
this
subsection.
34
(2)
(3)
A
pending
fee
rule
adopted
pursuant
to
subsection
(1)
(2)
of
35
this
section
may
become
effective
under
this
section
before
it
has
been
ap
-
36
proved
by
concurrent
resolution
only
if
the
governor
finds
that
the
fee
or
37
charge
is
necessary
to
avoid
immediate
danger.
The
governor
shall
publish
38
a
statement
explaining
why
an
earlier
effective
date
is
required
subject
to
39
the
provisions
of
subsection
(2)
of
this
section,
including
an
explanation
40
as
to
why
the
fee
or
charge
is
necessary
to
avoid
immediate
danger.
41

2
(3)
(4)
Temporary
rules
shall
be
published
in
the
first
available
issue
1
of
the
bulletin.
2
(4)
(5)
Temporary
rules
are
not
shall
be
subject
to
the
requirements
of
3
section
67
-
5223,
Idaho
Code
,
provided
that
the
coordinator
sends
a
copy
of
4
the
temporary
rules
to
the
director
of
the
legislative
services
office
.
5
(5)
(6)
Concurrently
with
the
promulgation
of
a
rule
under
this
sec
-
6
tion,
or
as
soon
as
reasonably
possible
thereafter,
an
agency
shall
commence
7
the
promulgation
of
a
proposed
rule
in
accordance
with
the
rulemaking
re
-
8
quirements
of
this
chapter,
unless
the
temporary
rule
adopted
by
the
agency
9
will
expire
by
its
own
terms
or
by
operation
of
law
before
the
proposed
rule
10
could
become
final.
Such
concurrently
promulgated
proposed
rules
shall
1
1
identify
the
changes
from
the
previous
version
of
the
rule
adopted
by
the
12
legislature,
if
any.
13
(7)
If
a
temporary
rule
expires
by
its
own
terms
or
by
operation
of
law,
14
the
promulgating
agency
may
not
adopt
the
same
rule
or
a
substantially
simi
-
15
lar
rule
as
a
temporary
rule
again,
unless:
16
(a)
The
governor
finds
it
is
necessary
due
to
an
imminent
threat
to
the
17
public
health,
safety,
or
welfare,
as
described
in
subsection
(2)(a)
of
18
this
section,
and
publishes
a
statement
explaining
the
changed
or
emer
-
19
gency
circumstances;
20
(b)
Ninety
(90)
days
have
elapsed
since
the
expiration
of
the
previous
21
temporary
rule
and
a
basis
for
a
new
temporary
rule
is
present;
or
22
(c)
The
governor
declares
a
disaster
emergency
pursuant
to
state
law.
23
(8)
A
person
aggrieved
by
a
promulgating
agency's
adoption
of
a
tempo
-
24
rary
rule
may
challenge
such
agency
action
as
a
final
agency
action
in
accor
-
25
dance
with
the
provisions
of
section
67
-
5270,
Idaho
Code.
26
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
27
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
28
July
1,
2026.
29