Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Administrative Procedures topic
No spam. Unsubscribe anytime.
Committee approves DEQ administrative procedure rules aligning contested-case procedures with OAH
Summary
The committee approved DEQ docket 5801232401 to update the department's contested-case and records rules to align with the Office of Administrative Hearings rules and preserve DEQ‑specific procedural provisions.
Kristen Ryan, deputy director of the Idaho Department of Environmental Quality, presented docket 5801232401 to align DEQ contested-case and records rules with the Office of Administrative Hearings (OAH) administrative procedure rules.
"This rule making was initiated to update the DEQ rules for consistency with IDAPA 620101 which are the Idaho rules for administrative procedure that were recently adopted by the Office of Administrative Hearings pursuant to Idaho code 675280," Kristen Ryan said. She explained the temporary rules became effective July 1, 2024, so the committee's approval would avoid a gap in procedural coverage pending final enactment by concurrent resolution.
Ryan told the committee that DEQ retained limited, DEQ‑specific procedural elements not duplicated in OAH rules, including guidance on where petitioners can find appeal information, a 35‑day limit to appeal DEQ actions, a 21‑day limit for intervention by permit holders in contested cases, trade-secret safeguards, a 14‑day notice requirement that the board has received a petition, and that a stay of DEQ's decision is not automatic and must be requested.
Lauren Smizer of the Office of the Rules Coordinator clarified that when the temporary and pending rules are under one docket, the committee needs a single motion to approve the docket; the committee then voted to approve docket 5801232401 on a voice vote.
The committee approved the docket without further changes on the record.
