Committee receives overview of Idaho rulemaking process as Health and Welfare rules approach review

Lauren Smizer, a bureau chief at the Division of Financial Management who oversees the rulemaking process, briefed the Senate Health and Welfare Committee on how state administrative rules are developed, published and reviewed by the legislature.

Smizer explained the five-step rulemaking framework and emphasized the distinction between temporary rules (currently in effect) and pending rules (the version the legislature will consider). She told committee members that many temporary rules correspond to pending rules and that final rules approved by the legislature will generally become effective on July 1, 2025, unless a concurrent resolution says otherwise.

Why this matters: The committee will review dozens of pending rules from the Department of Health and Welfare. Understanding the process, timelines and materials in the rule books helps senators decide whether to approve, reject or question specific rules that affect licensing, benefits, fees and program operations.

Smizer reviewed the hierarchy of legal authority: the Idaho Constitution (she cited Article III, Section 29) at the top, then statutes enacted by the legislature, then agency rules. She noted that the Administrative Procedures Act (Idaho Code Title 67, Chapter 52) governs the agency rulemaking process and that agencies must list the statutory authority for each rule, provide a descriptive summary, identify any fees and disclose negative fiscal impacts of $10,000 or more.

She described the public and stakeholder steps: initial notice of negotiated rulemaking, a proposed-rule draft followed by at least 21 days of public comment, negotiations as needed, and publication of the pending rule for legislative review. Temporary rules can take effect immediately when agencies demonstrate need, with the pending rule later replacing the temporary rule on the statutory effective date.

Smizer explained the two rule books legislators receive — a temporary-rule book (rules currently in effect) and a pending-rule book (rules submitted for legislative consideration) — and said the dual books aim to increase transparency while the legislature’s timing causes a gap between sine die and the statutes’ July 1 final-rule effective date.

She also highlighted several practical items legislators should check in each rule packet: the authority citation, a descriptive summary, fee summaries, and contact information; and noted that the bulletin indicates whether language is new (red) or stricken (blue). She referenced Town Hall Idaho as a public portal for executive-agency meetings and said DFM will provide staff support as the committee proceeds with rule reviews.

In response to a question from Senator Bierke, Smizer clarified that temporary rules that already have a corresponding pending rule will remain in effect until the pending rule becomes final on July 1, 2025, and that most temporary rules in the committee’s temporary-rule book have corresponding pending rules.

She noted the governor’s zero-based regulation review is concluding and that, beginning in 2026, the legislature adopted a periodic review requirement that places rules on an eight-year review cycle.

Smizer said her office will be available to answer committee questions during the rule-review session scheduled to begin the next day.