Official Government Website
Pursuant to Idaho Code §67-5280(2)(c), the Office of Administrative Hearings is statutorily directed to “[p]romulgate rules consistent with state and federal law to implement provisions relating to its duties and actions authorized by this chapter.”
In particular, this rulemaking authority includes the promulgation of contested case rules to replace the existing Idaho Rules of Administrative Procedure of the Attorney General (IDAPA 04.11.01). See Idaho Code §67-5206(6)(“With respect to contested cases and other proceedings conducted by the office of administrative hearings as authorized by this chapter, rules promulgated by the attorney general or any agency pursuant to subsection (4) of this section shall remain in full force and effect, except with respect to hearing officer qualifications, until such time as the office of administrative hearings promulgates replacement rules, and thereafter such rules of the office of administrative hearings shall govern unless otherwise required by governing federal law.”
To that end, the Office of Administrative Hearings has initiated the negotiated rulemaking process, as reflected in the June 7, 2023 Administrative Bulletin, to create the new “Idaho Rules of Administrative Procedure.”
Purpose of Rules
The proposed rules will simplify, modernize, and replace the existing Idaho Rules of Administrative Procedure of the Attorney General, which govern the conduct of contested cases before Idaho’s administrative agencies.
Status
The new “Idaho Rules of Administrative Procedure”, Rulemaking Docket No. 62-0101-2301, have been adopted by OAH following negotiated rulemaking and publication as proposed rules; the rules are now pending, as published in the December 6, 2023 Idaho Administrative Bulletin (Vol. 23-12), p. 344.
Negotiated Rulemaking
Negotiated rulemaking is a process in which all interested parties and the agency seek consensus on the content of a rule. Public meetings are an opportunity for all interested persons to discuss possible changes to the rule, and the public may also submit written comments. Final revisions to the draft rules are being made, and will be submitted to begin the proposed rulemaking process in the fall.
Negotiated rulemaking has concluded; written comments on the draft rule changes were accepted through July 31, 2023, and eight in-person/Zoom meetings were held across the State.
Draft #1 – 62.01.01 (June 7, 2023)
Draft #2 – 62.01.01 (July 11, 2023)
Draft #3 – 62.01.01 (August 7, 2023)
Read the current draft of 62.01.01 (August 31, 2023) here
Submit Written Comments
Negotiated rulemaking public comment period: June 7 to July 31, 2023.
To submit a comment by email:general@oah.idaho.gov (please include either “Rulemaking” or “62.01.01” in the Re: line)
To submit a comment by mail:
Bryan Nickels
Chief Administrative Hearing Officer
Office of Administrative Hearings, Attn: Rulemaking
816 W. Bannock St., Suite 203
Boise, ID 83702
Comments Received:
Comment #1 (received June 13, 2023)
Comment #2 (received June 23, 2023)
Comment #3 (received July 27, 2023)
Comment #4/Summary (discussion held July 31, 2023)
Attend Public Meetings
| Date | Time | In-Person Location | Zoom Link |
| July 19, 2023 | 10 a.m. to noon, PT | **UPDATED** Coeur d’Alene: Classroom 107, DeArmond Building, North Idaho College, 901 W. River Ave., Coeur d’Alene, ID 83814 | https://zoom.us/j/96918073290?pwd=eDBrL243cE1sM0szTFRPOTJWaUhKdz09 Meeting ID: 969 1807 3290 Passcode: 647473 |
| July 19, 2023 | 3 p.m. to 5 p.m., PT | Moscow: Conference Room 108, Menard Building (UI Law School), 711 S. Rayburn Dr. Moscow, ID 83844 | https://zoom.us/j/95105121307?pwd=NUZDZGpFRzdJMzN1VnJVNkFMWEhiZz09 Meeting ID: 951 0512 1307 Passcode: 297929 |
| July 25, 2023 | 10 a.m. to noon, MT | Boise: Les Bois Conference Room (between Buildings 3 and 4, access thru the Les Boise Café), State of Idaho Chinden Campus, 11341 W. Chinden Blvd, Boise, ID 83714 | https://zoom.us/j/95252500163?pwd=VUFLTDBkWThHVDFaU2JDNHUwNFJIUT09 Meeting ID: 952 5250 0163 Passcode: 083589 |
| July 28, 2023 | 10 a.m. to noon, MT | Boise: East Conference Room (1st Floor), Joe R. Williams (JRW) Building, 700 W State St, Boise, ID 83702 | https://zoom.us/j/97055903825?pwd=eFVrM3UyQ0pZbGZxd0lFYjJrUWxIUT09 Meeting ID: 970 5590 3825 Passcode: 583587 |
| August 1, 2023 | Noon to 2 p.m., MT | Pocatello: Snake River Room, Pond Student Union Building, Idaho State University, 1080 S 5th Ave, Pocatello, ID 83209 | https://zoom.us/j/95569824706?pwd=LzJWWWVhbGVUM2VicmU2KzgxNVBFZz09 Meeting ID: 955 6982 4706 Passcode: 373719 |
| August 2, 2023 | 10 a.m. to noon, MT | Boise: West Conference Room (1st Floor), Joe R. Williams (JRW) Building, 700 W State St, Boise, ID 83702 | https://zoom.us/j/96114406438?pwd=OGhTZ2FKb3liSmwrRFpjV2g4SEZGUT09 Meeting ID: 961 1440 6438 Passcode: 516921 |
| August 3, 2023 | 11 a.m. to 1 p.m., MT | Twin Falls: Program Room, Twin Falls County Library, 201 4th Ave E, Twin Falls, ID 83301 | https://zoom.us/j/95422052702?pwd=UDUvWllQSUFEN2xxa1dIcnIyQlJuZz09 Meeting ID: 954 2205 2702 Passcode: 063232 |
| August 4, 2023 | 1 p.m. to 3 p.m., MT | Boise: East Conference Room (1st Floor), Joe R. Williams (JRW) Building, 700 W State St, Boise, ID 83702 | https://zoom.us/j/93042785736?pwd=b0I0UzZXLzNtV25uM1M2QVV2SHU2dz09 Meeting ID: 930 4278 5736 Passcode: 953183 |
If you have any difficulty accessing a scheduled Zoom meeting at the time of the meeting, please call the Office of Administrative Hearings main line at (208) 605-4300 or send an email to elaine.maneck@oah.idaho.gov.
Meeting Results
| Date | Location | Sign-In Sheet | Meeting Summary (including remote attendees) |
| July 19, 2023 | Coeur d’Alene / Zoom | No in-person attendees. | Meeting Summary – CDA |
| July 19, 2023 | Moscow/Zoom | No in-person attendees. | Meeting Summary – Moscow |
| July 25, 2023 | Boise/Zoom | No in-person attendees. | Meeting Summary – Boise 1st |
| July 28, 2023 | Boise/Zoom | No in-person attendees. | Meeting Summary – Boise 2nd |
| August 1, 2023 | Pocatello/Zoom | No in-person attendees. | Meeting Summary – Pocatello |
| August 2, 2023 | Boise/Zoom | No in-person attendees. | Meeting Summary – Boise 3rd |
| August 3, 2023 | Twin Falls/Zoom | No in-person attendees | Meeting Summary – Twin Falls |
| August 4, 2023 | Boise/Zoom | No in-person attendees | Meeting Summary – Boise 4th |
Proposed Rulemaking
A proposed rule is a formal, written proposal by an agency to amend or repeal an existing rule or adopt a new rule. The public is invited to submit written comments to the agency during this stage of rulemaking. A public hearing may be held for the public to submit oral comments, and the agency gives written and oral comments the same consideration. A notice and the text of the proposed rule are published in the Idaho Administrative Bulletin.
Notice of Proposed Rulemaking and Proposed Rule Text, October 4, 2023 Idaho Administrative Bulletin (Vol. 23-10), pp. 773-803
The proposed rulemaking public comment period is scheduled for October 4th to October 25th, 2023. To submit a written comment, you may either email, mail, or hand-deliver your written comments to the following:
Bryan Nickels
Chief Administrative Hearing Officer
Office of Administrative Hearings
816 W. Bannock St., Suite 203 (physical and mailing)
Boise, ID 83702
208-605-4300
general@oah.idaho.gov
Comments Received:
Comment #1 (received October 20, 2023)
Pending Rules
Pending rules are not enforceable; they are pending review by the Idaho Legislature before becoming final and effective.
Notice of Rulemaking – Adoption of Pending Rule, December 6, 2023 Idaho Administrative Bulletin (Vol. 23-12), p. 344.
Final Rule Approval
The new IRAP was presented to the Senate Judiciary and Rules Committee on February 12, 2024, and subsequently presented to the House Judiciary, Rules and Administration Committee on February 23, 2024. Video recordings of these committee hearings can be found on the Legislature’s Media Archive website.
The new IRAP was thereafter subsequently approved by the Legislature through House Concurrent Resolution 42, and delivered to the Secretary of State on March 28, 2024. These rules will now go into effect on July 1, 2024.
Contact
Bryan Nickels
Chief Administrative Hearing Officer
Office of Administrative Hearings
(208) 605-4300
bryan.nickels@oah.idaho.gov