Committee approves rule updates requiring AI disclosure in administrative proceedings; ALJs barred from using AI

The Senate Judiciary & Rules Committee approved pending updates to the Idaho Rules of Administrative Procedure that include a new rule addressing artificial intelligence in administrative contested cases.

Brian Nichols, chief administrative law judge, told the committee the office has taken a proactive approach to AI since issuing internal policies in January 2023 and that experiences with AI use in filings and evidence prompted the new rule. The pending rule package, which Nichols said was developed after statewide notice and public hearings, would require parties to disclose when they use AI in submissions or evidence and would subject AI‑generated testimonial or documentary material to heightened scrutiny similar to expert testimony. Nichols said the rules also create sanctioning authority for mistakes or deliberate misuse, including the ability to default a party for deliberate deception.

Committee members asked how the rule would treat AI avatars, whether ALJs could use AI and how the rules apply across agencies. Nichols said ALJs are expressly prohibited from using AI in carrying out their duties and that the rule is intended to preserve the ability to scrutinize AI evidence and develop a record for possible judicial review. Senators expressed a range of views; Senator Lakey recorded a vocal no during the final voice vote, but the docket passed.

Nichols cited statutory authority for the rules and said the office will conduct outreach to other agencies to ensure presiding officers understand the updates.