Idaho Admin. Code r. 04.11.01.005

Current through August 31, 2023

Section 04.11.01.005 - DEFINITIONS

As used in this chapter: (3-31-22)

01.Administrative Code. The Idaho Administrative Code established in Chapter 52, Title 67, Idaho Code. (3-31-22)

02.Agency. Each state board, commission, department or officer authorized by law to make rules or to determine contested cases, but does not include the legislative or judicial branches, executive officers listed in Section 1, article IV, of the constitution of the state of Idaho in the exercise of powers derived directly and exclusively from the constitution, the state militia or the state board of correction. (3-31-22)

03.Agency Action. Agency action means: (3-31-22)

a. The whole or part of a rule or order; (3-31-22)

b. The failure to issue a rule or order; or (3-31-22)

c. An agency's performance of, or failure to perform, any duty placed on it by law. (3-31-22)

04.Agency Head. An individual or body of individuals in whom the ultimate legal authority of the agency is vested by any provision of law. (3-31-22)

05.Bulletin. The Idaho Administrative Bulletin established in Chapter 52, Title 67, Idaho Code. (3-31-22)

06.Contested Case. A proceeding which results in the issuance of an order. (3-31-22)

07.Coordinator. The administrative rules coordinator prescribed in Section 67-5202, Idaho Code. (3-31-22)

08.Document. Any proclamation, executive order, notice, rule or statement of policy of an agency. (3-31-22)

09.Final Rule. A rule that has been adopted by an agency under the regular rulemaking process and that is in effect. (3-31-22)

10.License. The whole or part of any agency permit, certificate, approval, registration, charter, or similar form of authorization required by law, but does not include a license required solely for revenue purposes. (3-31-22)

11.Official Text. The text of a document issued, prescribed, or promulgated by an agency in accordance with this chapter, and which is the only legally enforceable text of such document. (3-31-22)

12.Order. An agency action of particular applicability that determines the legal rights, duties, privileges, immunities, or other legal interests of one (1) or more specific persons. (3-31-22)

13.Party. Each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party. (3-31-22)

14.Pending Rule. A rule that has been adopted by an agency under the regular rulemaking process (i.e., proposal of rule in Bulletin, opportunity for written comment or oral presentation, and adoption of rule in Bulletin) and remains subject to legislative review. (3-31-22)

15.Person. Any individual, partnership, corporation, association, governmental subdivision or agency, or public or private organization or entity of any character. (3-31-22)

16.Provision of Law. The whole or a part of the state or federal constitution, or of any state or federal: (3-31-22)

a. Statute; or (3-31-22)

b. Rule or decision of the court. (3-31-22)

17.Proposed Rule. A rule published in the bulletin as provided in Section 67-5221, Idaho Code. (3-31-22)

18.Publish. To bring before the public by publication in the bulletin or administrative code, or as otherwise specifically provided by law. (3-31-22)

19.Rule. The whole or a part of an agency statement of general applicability that has been promulgated in compliance with the provisions of Chapter 52, Title 67, Idaho Code, and that implements, interprets, or prescribes: (3-31-22)

a. Law or policy, or (3-31-22)

b. The procedure or practice requirements of an agency. The term includes the amendment, repeal, or suspension of an existing rule, but does not include: (3-31-22)

i. Statements concerning only the internal management or internal personnel policies of an agency and not affecting private rights of the public or procedures available to the public; (3-31-22)

ii. Declaratory rulings issued pursuant to Section 67-5232, Idaho Code; (3-31-22)

iii. Intra-agency memoranda; or (3-31-22)

iv. Any written statements given by an agency which pertain to an interpretation of a rule or to the documentation of compliance with a rule. (3-31-22)

20.Rulemaking. The process for formulation, adoption, amendment or repeal of a rule. (3-31-22)

21.Service or Serving. The agency's or a party's delivery or distribution of official documents in a legally sufficient manner in a contested case proceeding to the parties to that proceeding and, if applicable, to any other persons required by statute, rule, order or notice to receive official documents. (3-31-22)

22.Submitted for Review. A rule that has been provided to the legislature for review at a regular or special legislative session as provided in Section 67-5291, Idaho Code. (3-31-22)

23.Temporary Rule. A rule authorized by the governor to become effective before it has been submitted to the legislature for review and which expires by its own terms or by operation of law no later than the conclusion of the next succeeding regular legislative session unless extended or replaced by a final rule as provided in Section 67-5226, Idaho Code. (3-31-22)

Idaho Admin. Code r. 04.11.01.005