Title 67, STATE GOVERNMENT AND STATE AFFAIRS

67-4928. Elections — Validation of acts. Whenever any auditorium district organized under the provisions of chapter 49, title 67, Idaho Code, shall have failed to hold any election provided for in section 67-4911, Idaho Code, for the election of a member or members of the board o…

67-4929. Inclusion or exclusion — Election procedure. Whenever under the provisions of sections 67-4918 and 67-4919, Idaho Code, owners or owners in fee of any real property have petitioned for inclusion or exclusion of property within the district, and the petition has been deni…

67-4930. Dissolution of district — Procedure. An auditorium district may be dissolved as follows: (a) Any person or persons may file a petition for the dissolution of an auditorium district with the clerk. Such petition, which may be in one (1) or more papers, shall state the nam…

67-5001. Creation of commission on aging — Composition — Appointment. There is hereby established in the executive office of the governor the Idaho commission on aging, hereafter referred to as the "commission," which shall have the duties, powers, and authorities as provided in …

67-5002. Organization — Meetings — Quorum — Compensation — Expenses. (1) The commissioners shall oversee the duties, powers and authorities of the commission. (2) The commissioners shall elect a chairman and vice-chairman at its first meeting. Thereafter, the chairman and vice-ch…

67-5003. Powers and duties of commission. The Idaho commission on aging administrator and staff shall carry out the following powers and duties, in consultation with the commissioners: (1) Serve as an advocate within state government and the community for older Idahoans; (2) Serv…

67-5004. Administrator — Appointment and term. An administrator of the Idaho commission on aging shall be appointed by the governor. The appointment shall be subject to confirmation by the senate. The administrator may be removed by the governor at will. The administrator’s compe…

67-5005. Legislative intent. The legislature hereby finds and recognizes the need to provide basic necessities to its older people in their later years and particularly in providing efficient community services, including access transportation, adequate nutrition, in-home service…

67-5006. Definitions. For the purposes of this chapter, the following terms are defined as follows: (1) "Transportation" — services designed to transport older persons to and from community facilities and resources for the purpose of applying for and receiving services, reducing …

67-5007. Grants to and contracts with local area agencies. The commission shall, based on the recommendations of the local area councils on aging, enter into funding agreements as grants or contracts with designated local area agencies, as provided by the Older Americans Act of 1…

67-5008. Programs for older persons. The commission shall upon reviewing recommendations from local area councils on aging, as required by the Older Americans Act of 1965, as amended, allocate to local designated area agencies grants or contracts for the following purposes: (1) T…

67-5009. Office of ombudsman for the elderly. The office of ombudsman for the elderly is hereby created within the commission. The ombudsman shall be able to independently make determinations and establish positions of the office without necessarily representing the determination…

67-5010. Grants or contracts for demonstration projects. The commission may, based on needs identified in Idaho’s community based service system for the elderly through its state planning process and at its discretion, enter into grants or contracts with area agencies or service …

67-5011. Adult protective services. Adult protective services for vulnerable adults shall be administered through the commission. Adult protective services are specialized social services directed toward assisting vulnerable adults who are unable to manage their own affairs, carr…

67-5101. State jurisdiction for civil and criminal enforcement concerning certain matters arising in Indian country. The state of Idaho, in accordance with the provisions of 67 Statutes at Large, page 589 (Public Law 280) hereby assumes and accepts jurisdiction for the civil and …

67-5102. Additional state jurisdiction with consent of tribe governing body. Additional state jurisdiction in criminal and civil causes of action may be extended to particular reservations or Indian country with the consent of the governing body of the tribe occupying the Indian …

67-5103. Matters excepted from state jurisdiction. Nothing in this act shall authorize the alienation, encumbrance, or taxation of any real or personal property, including water rights, belonging to any Indian or any Indian tribe, band, or community that is held in trust by the U…

67-5201. Definitions. As used in this chapter: (1) "Administrative code" means the Idaho administrative code established in this chapter. (2) "Administrative law judge" means any hearing officer who is employed as a full-time state employee by the office of administrative hearing…

67-5202. Office of the administrative rules coordinator. (1) There is hereby established the office of the administrative rules coordinator in the division of financial management. The coordinator shall be a nonclassified employee and shall be appointed by and serve at the pleasu…

67-5203. Publication of administrative bulletin. (1) All documents required or authorized in this chapter or by other provision of law to be published shall initially be published electronically in the bulletin. The bulletin shall be published electronically by the administrative…

67-5204. Publication of administrative code. (1) The administrative rules coordinator shall every year publish electronically a publication to be known as the "Idaho Administrative Code." (2) The administrative code shall be a codification of: (a) All executive orders of the gove…

67-5205. Format — Costs — Distribution — Funds. (1) The administrative code and the permanent supplements thereto shall be published in such a manner that every agency has an opportunity to procure, at reasonable cost from the coordinator, individual electronic copies of the rule…

67-5206. Promulgation of rules implementing administrative procedure act. (1) In accordance with the rulemaking requirements of this chapter, the office of administrative hearings shall, subject to legislative approval, promulgate and maintain rules implementing the provisions of…

67-5207. Short title. This chapter may be cited as the "Idaho Administrative Procedure Act."

67-5207A. policy statements — guidance documents. Agency policy statements and guidance documents shall not have the force and effect of law.

67-5220. Notice of intent to promulgate rules — Negotiated rulemaking. (1) Prior to the adoption, amendment or repeal of a rule, an agency shall determine whether negotiated rulemaking is feasible. The agency’s determination of whether negotiated rulemaking is feasible is not sub…

67-5221. Public notice of proposed rulemaking. (1) Prior to the adoption, amendment, or repeal of a rule, the agency shall publish notice of proposed rulemaking in the bulletin. The notice of proposed rulemaking shall include: (a) The specific statutory authority for the rulemaki…

67-5222. Public participation. (1) Prior to the adoption of a rule, the agency shall afford all interested persons reasonable opportunity to submit data, views and arguments, orally or in writing. The agency shall receive comments for not less than twenty-one (21) days after the …

67-5223. Interim legislative review — Statement of economic impact. (1) After notice of proposed rulemaking is filed with the coordinator, the coordinator, after making technical corrections as authorized in section 67-5202, Idaho Code, shall provide the notice, accompanied by th…

67-5224. Pending rule. (1) Prior to the adoption of a rule, the agency shall consider fully all written and oral submissions respecting the proposed rule. (2) Subject to the provisions of subsection (3) of this section, the agency shall publish the text of a pending rule and a no…

67-5225. Rulemaking record. (1) Prior to the adoption, amendment, or repeal of a rule, the agency shall prepare a rulemaking record. The record shall be maintained in the main offices of the agency. (2) The rulemaking record shall be available for public inspection and copying. T…

67-5226. Temporary rules. (1) The legislature finds that temporary rules do not always follow the negotiated rulemaking process. Therefore, to ensure accountability of agency rules to the legislature and to Idaho citizens, temporary rules shall be used only in emergency or other …

67-5227. Variance between pending rule and proposed rule. An agency may adopt a pending rule that varies in content from that which was originally proposed if the subject matter of the rule remains the same, the pending rule is a logical outgrowth of the proposed rule, and the or…

67-5228. Exemption from regular rulemaking procedures. An agency may amend a pending rule to correct typographical errors, transcription errors, or clerical errors without compliance with regular rulemaking procedures when the amendments are approved by the coordinator. Such amen…

67-5229. Incorporation by reference. (1) If the incorporation of its text in the agency rules would be unduly cumbersome, expensive, or otherwise inexpedient, an agency may incorporate by reference in its rules and without republication of the incorporated material in full, all o…

67-5230. Petition for adoption, amendment, repeal, or waiver of rules. (1) Any person may petition an agency requesting the adoption, amendment, or repeal of a rule. The agency shall: (a) Deny the petition in writing, stating its reasons for the denial; or (b) Initiate rulemaking…

67-5231. Invalidity of rules not adopted in compliance with this chapter — Time limitation. (1) Rules may be promulgated by an agency only when specifically authorized by statute. A temporary or final rule adopted and becoming effective after July 1, 1993, is voidable unless adop…

67-5232. Declaratory rulings by agencies. (1) Any person may petition an agency for a declaratory ruling that interprets or applies a statute or rule administered by the agency or states whether or in what manner an order issued by the agency applies to the petitioner. (2) A peti…

67-5240. Contested cases. A proceeding by an agency other than the public utilities commission or the industrial commission that may result in the issuance of an order is a contested case and is governed by the provisions of this chapter, except as provided by other provisions of…

67-5241. Informal disposition. (1) Unless prohibited by other provisions of law, an agency may: (a) Decline to initiate a contested case; (b) Request such additional information as required to decide whether to initiate a contested case; (c) Seek informal disposition of a matter;…

67-5242. hearing notices and Procedure at hearing. (1) When an agency gives a person notice of an opportunity for a contested case hearing for which the person is entitled to notice by law, the notice shall: (a) Be in writing; (b) Set forth the agency action being taken; (c) Iden…

67-5242A. default. (1) Unless otherwise provided by statute or rule, if a party fails to attend or participate in a prehearing conference or hearing in a contested case, the presiding officer may serve upon all parties notice of a proposed default order. The notice shall include …

67-5243. Orders not issued by agency head. (1) If the presiding officer is not the agency head, the presiding officer shall issue either: (a) A recommended order, which becomes a final order only after review by the agency head in accordance with section 67-5244, Idaho Code; or (…

67-5244. Review of recommended orders. (1) A recommended order shall include a statement of the schedule for consideration of that order by the agency head or his designee. The agency head shall allow all parties to request review of the recommended order, to present briefs on th…

67-5245. Review of preliminary orders. (1) A preliminary order shall include: (a) A statement that the order will become a final order without further notice; and (b) The actions necessary to obtain administrative review of the preliminary order. (2) The agency head, upon his own…

67-5246. Final orders — Effectiveness of final orders. (1) If the presiding officer is the agency head, the presiding officer shall issue a final order. (2) If the presiding officer issued a recommended order, the agency head shall issue a final order following review of that rec…