Idaho Oilseed Commission seeks administrative-rule rewrite; proposes removing refund application after referendum evidence

Pachi Laricia Phillips, speaking for the Idaho Oilseed Commission, presented a ZBR (Zero-Based Rule) chapter rewrite of IDAPA 43.01.01-2401 and explained the commission’s proposal to remove a refund-application provision from the administrative rule.

Phillips said the commission’s legal review showed a conflict between rule language that retained a refund-application process and Idaho Code provisions in Title 22, Chapter 47 — specifically sections 47-17 and 47-18 — that describe a refund provision that is removed if a growers' referendum to continue the commission succeeds. An affidavit from former commission chairman Doug Scoville submitted with the packet indicates a referendum was held; the commission therefore proposes removing the rule’s refund-application text to match the statutory framework.

"There is an affidavit before you of a gentleman by the name of Doug Scoville," Phillips told senators, and she said the commission worked with the Division of Financial Management and held negotiated-rulemaking meetings on Aug. 22 and Oct. 3 before filing the pending rule. Phillips said the statutes prescribe an advisory vote of growers every five years to determine the commission's continuation and effectiveness; she told the committee she has not found evidence of earlier advisory polls in commission records since taking the commission staff position in October 2023 but that the commission plans to conduct an advisory vote this year and report back to the committee.

Committee members asked clarifying questions about the statutory conflict and the timing of the advisory poll; Phillips confirmed the change was proposed to eliminate duplication between statute and administrative rule. Senators indicated the committee will vote on the pending rule at its next meeting so absent senators can view the meeting video beforehand.