Contested Cases: Docket No. 58-0123-2401

Update IDAPA 58.01.23, Contested Case Rules and Rules for Protection and Disclosure of Records (DEQ rules), for consistency with IDAPA 62.01.01, Idaho Rules of Administrative Procedure, recently adopted by the Office of Administrative Hearings.

Status

Pending rule adopted by the Board on November 14, 2024. If approved by concurrent resolution of the Idaho Legislature, the rule will become effective on July 1, 2025, unless otherwise specified in the concurrent resolution.

Overview

This rulemaking updates IDAPA 58.01.23, Contested Case Rules and Rules for Protection and Disclosure of Records (DEQ rules), for consistency with IDAPA 62.01.01, Idaho Rules of Administrative Procedure, recently adopted by the Office of Administrative Hearings (OAH rules) pursuant to Idaho Code § 67-5280. The OAH rules were adopted as pending rules and submitted to the 2024 Idaho State Legislature for review and approved with an effective date of July 1, 2024.

Pursuant to Idaho Code § 67-5206(3), IDAPA 04.11.01, Idaho Rules of Administrative Procedure of the Attorney General (Attorney General rules), are no longer in full force and effect as of July 1, 2024, due to the promulgation of the OAH rules. The DEQ rules refer to the Attorney General rules and contain procedures that are now covered by OAH; therefore, it is necessary to update the DEQ rules. At its June 2024 meeting, the Idaho Board of Environmental Quality adopted temporary rules that are consistent with the OAH rules.