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.”
Purpose of Rulemaking
The proposed rules will amend certain portions of the Idaho Rules of Administrative Procedure (IDAPA 62.01.01), which govern the conduct of contested cases before Idaho’s administrative agencies, to include changes necessitated by passage of HB9a and HB36 in the last legislative session.
Status
OAH’s “Notice of Intent to Promulgate Rules – Negotiated Rulemaking,” Rulemaking Docket No. 62-0101-2501, may be found in the June 4, 2025 Idaho Administrative Bulletin which may be found at https://adminrules.idaho.gov/bulletin/2025/06.pdf#page=359.
In advance of negotiated rulemaking, OAH has prepared an initial set of anticipated rule changes for discussion at the negotiated rulemaking sessions. The current pre-negotiated meeting draft can be found here: https://oah.idaho.gov/wp-content/uploads/2025/06/62-0101-2501-PreNegotiated-Draft-6.6.pdf
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 sessions are currently scheduled as follows:
- Pocatello, June 27, 2025, 1pm to 2pm MT
- In-person: Idaho State University, Pond Student Union Building, Sargent Boardroom, 1080 S. 5th Ave., Pocatello, ID 83209
- Remote: https://us02web.zoom.us/j/82374104212?pwd=hbOS43KEDFrYjuFfTt4dZuHWaKPvW3.1
- Zoom Meeting ID: 823 7410 4212, Passcode: 259056
- Twin Falls, July 7, 2025, 11am to Noon MT
- In-person: Twin Falls Library, Meeting Room, 201 4th Ave E., Twin Falls, ID 83301
- Remote: https://us02web.zoom.us/j/84721203270?pwd=0l9q0ldzJpLDf92kWAD62rLEMLxXPE.1
- Zoom Meeting ID: 847 2120 3270, Passcode: 839768
- Coeur d’Alene, July 8, 2025, 11am to Noon PT
- In-person: North Idaho College, Crescent Bay Conference Room, Edminster Student Union Building, 495 N. College Dr., Coeur d’Alene, ID 83814
- Remote: https://us02web.zoom.us/j/83970284340?pwd=dbnXzEXcvbk8ma57zKCZfBNprhE7a7.1
- Zoom Meeting ID: 839 7028 4340, Passcode: 154077
- Boise, July 9, 2025, 10am to Noon MT
- In-person: Joe R. Williams Building, 1st Floor, East Conference Room, 700 W. State Street, Boise, ID 83702
- Remote: https://us02web.zoom.us/j/84001531711?pwd=VF0e1paQpdzpZjHKdRw7yTB6onJaI4.1
- Zoom Meeting ID: 840 0153 1711, Passcode: 387110
- Moscow, July 21, 2025, 1pm to 2pm PT
- In-person: University of Idaho Law School, Clinic Conference Room #9, 711 S. Rayburn St., Moscow, ID 83844
- Remote: https://us02web.zoom.us/j/81405079841?pwd=bB2NAgmbd7sHn4gKlSlhlMgAUm5Enq.1
- Zoom Meeting ID: 814 0507 9841, Passcode: 976743
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 Law Judge
Office of Administrative Hearings, Attn: Rulemaking
816 W. Bannock St., Suite 203
Boise, ID 83702
Meeting Results
| Date | Location | Sign-In Sheet | Meeting Summary (including remote attendees) |
|---|---|---|---|
| June 27, 2025 | Pocatello/Zoom | No in-person attendees. | Pocatello Meeting Summary |
| July 7, 2025 | Twin Falls/Zoom | No in-person attendees. | Twin Falls Meeting Summary |
| July 8, 2025 | Coeur d'Alene/Zoom | No in-person attendees. | CDA Meeting Summary |
| July 9, 2025 | Boise/Zoom | No in-person attendees. | Boise Meeting Summary |
| July 21, 2025 | Moscow/Zoom | No in-person attendees. | Moscow Meeting Summary |
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 1, 2025, Idaho Administrative Bulletin (Vol. 25-10), pp. 467-480.
The proposed rulemaking public comment period is scheduled for October 1st to October 22nd, 2025. To submit a written comment, you may either email, mail, or hand-deliver your written comments to the following:
Bryan Nickels
Chief Administrative Law Judge
Office of Administrative Hearings
350 N. 9th St., Suite 300 (physical and mailing)
Boise, ID 83702
208-605-4300
general@oah.idaho.gov
Comments Received:
Contact
Bryan Nickels
Chief Administrative Law Judge
Office of Administrative Hearings
(208) 605-4300
bryan.nickels@oah.idaho.gov