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 rules have corresponding pending rules that, if approved by the legislature, will take effect on July 1, 2025.

Why it matters: Administrative rules implement statutes and affect how state programs operate day to day. The committee's review this year will determine which pending and temporary rules remain in effect, which are adopted as final rules on July 1, 2025, and which might be altered or rejected.

Smizer told senators that the temporary-rule book lists rules currently in effect; the pending-rule book contains the final drafts that the committee is now reviewing for approval. She said temporary rules typically go into effect immediately and are later replaced by pending rules approved as final; last year's change moving final-rule effective dates to July 1 created a period where temporary rules may remain in effect from sine die until the July 1 effective date of corresponding final rules.

She described the documents and fields available to the committee in rule books: authority citations (the statute authorizing the agency to adopt the rule), a descriptive summary, fee summaries where applicable, and a fiscal-impact note for negative impacts of $10,000 or more. Smizer also pointed senators to Town Hall Idaho as a public portal for executive-agency meetings and materials and to the DFM contact team (Brad Hunt, rules coordinator; Logan, rules specialist; Margaret, support staff) for technical assistance during review.

Committee members asked clarifying questions. Senator Bierke sought to confirm that temporary rules with corresponding pending rules will remain in effect through sine die and be superseded by final rules on July 1 if the committee approves; Smizer confirmed that, where a pending rule corresponds to a temporary rule, the pending rule will replace the temporary rule on the July 1 effective date if adopted. Smizer advised senators to use the temporary and pending rule books and to consult the rulemaking notices in the monthly bulletin for details.

Smizer also summarized longer-term changes: the governor's 0-based regulation initiative is concluding this year and a legislative periodic review of administrative rules will begin in 2026 on an eight-year cycle under recently enacted statute.

The committee was advised that staff from the DFM rules team would be available during the committee's rule-review sessions to answer questions.