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DEQ seeks legislative approval of contested-case and records rules to align with Office of Administrative Hearings
Summary
The Department of Environmental Quality asked the committee to approve temporary and pending rules that align DEQ contested-case procedures and records-protection rules with recently adopted Office of Administrative Hearings rules; the committee approved the docket.
Kristen Ryan, deputy director for the Idaho Department of Environmental Quality (DEQ), presented Docket 5801232401, a package containing identical temporary and pending rules addressing contested-case procedures and the protection and disclosure of records.
Ryan told the committee the changes update DEQ rules for consistency with IDAPA 62.01.01, the Idaho rules for administrative procedure recently adopted by the Office of Administrative Hearings (OAH) pursuant to Idaho code 67-52-80. She said DEQ removed provisions that duplicated OAH procedures and retained DEQ-specific items: where petitioners obtain appeal information, a 35-day limitation to appeal agency action, a 21-day limit for permit holder intervention, trade-secret safeguards and a 14-day notice requirement when the board receives a petition. She also noted that a stay of DEQ’s decision is not automatic and must be requested and decided by the board.
Ryan explained the temporary rule took effect July 1, 2024, after the board adopted it on June 26, 2024, and that legislative approval would prevent a gap in coverage when temporary rules expire at adjournment sine die. Lauren Smizer of the Office of the Rules Coordinator confirmed that, because the temporary and pending rules are in one docket, the committee needed a single motion to approve both. Senator Van Orden moved to approve Docket 5801232401; Senator Guthrie seconded the motion and the committee approved it by voice vote.
No public testimony or roll-call tally was recorded in the transcript for this docket.
