DFM bureau chief briefs Senate panel on rulemaking: temporary rules, July 1 effective date and public comment explained

Lauren Smizer, bureau chief in the Division of Financial Management's legislative affairs unit, told the Senate Health and Welfare Committee that the authority for agencies to adopt rules derives from statutes and that agencies must follow the Administrative Procedures Act (Title 67, Chapter 52, Idaho Code) when promulgating rules.

Smizer outlined five steps in the rulemaking process: (1) initial notice and negotiated rulemaking, (2) proposed rule with at least 21 days for public comment, (3) pending rule adopted and published, (4) legislative review (the committee's current step) and (5) final rules taking effect, usually July 1 following approval. Smizer noted that temporary rules often are used to bridge gaps when agencies need an immediate rule in effect and that most temporary…