reglab/housing_qa huggingface dataset:
ID Code § 67-5226 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|Section 67-5226 - TEMPORARY RULES.

67-5226. TEMPORARY RULES. (1) If the governor finds that: (a) Protection of the public health, safety, or welfare; or (b) Compliance with deadlines in amendments to governing law or federal programs; or (c) Conferring a benefit; requires a rule to become effective before it has been submitted to the legislature for review the agency may proceed with such notice as is practicable and adopt a temporary rule, except as otherwise provided in section 67-5229(1)(d), Idaho Code. The agency may make the temporary rule immediately effective. The agency shall incorporate the required finding and a concise statement of its supporting reasons in each rule adopted in reliance upon the provisions of this subsection. (2) A rule adopted pursuant to subsection (1) of this section which imposes a fee or charge may become effective under this section before it has been approved by concurrent resolution only if the governor finds that the fee or charge is necessary to avoid immediate danger which justifies the imposition of the fee or charge. (3) In no case shall a rule adopted pursuant to this section remain in effect beyond the conclusion of the next succeeding regular session of the legislature unless the rule is approved by concurrent resolution, in which case the rule may remain in effect until the time specified in the resolution or until the rule has been replaced by a final rule which has become effective as provided in section 67-5224(5), Idaho Code. (4) Temporary rules shall be published in the first available issue of the bulletin. (5) Temporary rules are not subject to the requirements of section 67-5223, Idaho Code, provided that the administrative rules coordinator sends a copy of the temporary rules to the director of the legislative services office. (6) Concurrently with the promulgation of a rule under this section, or as soon as reasonably possible thereafter, an agency shall commence the promulgation of a proposed rule in accordance with the rulemaking requirements of this chapter, unless the temporary rule adopted by the agency will expire by its own terms or by operation of law before the proposed rule could become final.  History: [67-5226, added 1992, ch. 263, sec. 16, p. 799; am. 1995, ch. 196, sec. 2, p. 687; am. 1996, ch. 161, sec. 7, p. 536; am. 2000, ch. 203, sec. 2, p. 511; am. 2003, ch. 22, sec. 1, p. 92; am. 2010, ch. 20, sec. 4, p. 36; am. 2014, ch. 191, sec. 2, p. 516.]
ID Code § 67-5227 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|Section 67-5227 - VARIANCE BETWEEN PENDING RULE AND PROPOSED RULE.

67-5227. VARIANCE BETWEEN PENDING RULE AND PROPOSED RULE. An agency may adopt a pending rule that varies in content from that which was originally proposed if the subject matter of the rule remains the same, the pending rule is a logical outgrowth of the proposed rule, and the original notice was written so as to assure that members of the public were reasonably notified of the subject of agency action and were reasonably able from that notification to determine whether their interests could be affected by agency action on that subject.  History: [67-5227, added 1992, ch. 263, sec. 17, p. 800; am. 1993, ch. 216, sec. 106, p. 675; am. 1996, ch. 161, sec. 8, p. 537.]
ID Code § 67-5228 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|Section 67-5228 - EXEMPTION FROM REGULAR RULEMAKING PROCEDURES.

67-5228. EXEMPTION FROM REGULAR RULEMAKING PROCEDURES. An agency may amend a pending rule to correct typographical errors, transcription errors, or clerical errors without compliance with regular rulemaking procedures when the amendments are approved by the coordinator. Such amendments become incorporated in the pending rule upon publication in the bulletin.  History: [67-5228, added 1992, ch. 263, sec. 18, p. 800; am. 1996, ch. 161, sec. 9, p. 537.]
ID Code § 67-5229 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|Section 67-5229 - INCORPORATION BY REFERENCE.

67-5229. INCORPORATION BY REFERENCE. (1) If the incorporation of its text in the agency rules would be unduly cumbersome, expensive, or otherwise inexpedient, an agency may incorporate by reference in its rules and without republication of the incorporated material in full, all or any part of: (a) A code, standard or rule adopted by an agency of the United States; (b) A code, standard or rule adopted by any nationally recognized organization or association; (c) A code or standard adopted by Idaho statute or authorized by Idaho statute for adoption by rule; or (d) A final rule of a state agency; provided however, that a state agency shall not adopt a temporary rule incorporating by reference a rule of that agency that is being or has been repealed unless the rule providing for the incorporation has been reviewed and approved by the legislature. (2) The agency shall, as part of the rulemaking: (a) Include in the notice of proposed rulemaking a brief written synopsis of why the incorporation is needed; and (b) Note where an electronic copy can be obtained or provide an electronic link to the incorporated materials that at a minimum will be posted on the agency’s website or included in the rule that is published in the administrative code on the website of the office of the administrative rules coordinator; and (c) If otherwise unavailable, note where copyrighted or other proprietary materials can be viewed or purchased. (3) The incorporated material shall be identified with specificity and shall include the date when the code, standard or rule was published, approved or became effective. If the agency subsequently wishes to adopt amendments to previously incorporated material, it shall comply with the rulemaking procedures of this chapter. (4) Unless prohibited by other provisions of law, the incorporated material is subject to legislative review in accordance with the provisions of section 67-5291, Idaho Code, and shall have the same force and effect as a rule.  History: [(67-5229) 1980, ch. 212, sec. 2, p. 484; am. and redesignated 1992, ch. 263, sec. 19, p. 800; am. 2000, ch. 203, sec. 1, p. 510.; am. 2010, ch. 280, sec. 2, p. 757.]
ID Code § 67-5230 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|Section 67-5230 - PETITION FOR ADOPTION, AMENDMENT, REPEAL, OR WAIVER OF RULES.

67-5230. PETITION FOR ADOPTION, AMENDMENT, REPEAL, OR WAIVER OF RULES. (1) Any person may petition an agency requesting the adoption, amendment, or repeal of a rule. The agency shall: (a) Deny the petition in writing, stating its reasons for the denial; or (b) Initiate rulemaking proceedings in accordance with this chapter. (2) Any person may petition an agency for a waiver of or variance from a specified rule or rules if the granting of the waiver would not conflict with or violate Idaho law and is consistent with at least one (1) of the following considerations: (a) In the petitioner’s specific circumstances, the application of a certain rule or rules is unreasonable and would impose undue hardship or burden on the petitioner; (b) The petitioner proposes an alternative that, in the opinion of the agency, will afford substantially equal protection of health, safety, and welfare intended by the particular rule for which the waiver or variance is requested; or (c) The waiver or variance requested would test an innovative practice or model that will, in the opinion of the agency, generate meaningful evidence for the agency in consideration of a rule change. (3) In response to a petition filed pursuant to subsection (2) of this section, the agency shall: (a) Deny the petition in writing, stating the reasons for the denial; or (b) Approve the petition and grant a waiver of or variance from the rule, in whole or in part, and specify whether any conditions are placed on the waiver or variance or whether a specific time period for the waiver or variance is established. (4) An agency shall approve or deny a petition filed pursuant to this section or initiate rulemaking proceedings in accordance with this chapter within twenty-eight (28) days after submission of the petition, unless the agency’s rules are adopted by a multimember agency board or commission whose members are not full-time officers or employees of the state, in which case the agency shall take action on the petition no later than the first regularly scheduled meeting of the board or commission that takes place seven (7) or more days after submission of the petition. If an agency requests additional information from the petitioner, the time period specified in this subsection shall begin anew. (5) Following the granting of a waiver or variance, the agency shall consider a rule change that will allow all similarly situated persons to derive the same benefits granted to the petitioner. (6) An agency decision denying a petition is a final agency action.  History: [(67-5230) 1965, ch. 273, sec. 6, p. 701; am. and redesig. 1992, ch. 263, sec. 21, p. 801; am. 1995, ch. 270, sec. 2, p. 869; am. 2020, ch. 277, sec. 1, p. 811.]
ID Code § 67-5231 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|Section 67-5231 - INVALIDITY OF RULES NOT ADOPTED IN COMPLIANCE WITH THIS CHAPTER — TIME LIMITATION.

67-5231. INVALIDITY OF RULES NOT ADOPTED IN COMPLIANCE WITH THIS CHAPTER — TIME LIMITATION. (1) Rules may be promulgated by an agency only when specifically authorized by statute. A temporary or final rule adopted and becoming effective after July 1, 1993, is voidable unless adopted in substantial compliance with the requirements of this chapter. (2) A proceeding, either administrative or judicial, to contest any rule on the ground of noncompliance with the procedural requirements of this chapter must be commenced within two (2) years from the effective date of the rule.  History: [67-5231, added 1992, ch. 263, sec. 22, p. 801; am. 1996, ch. 161, sec. 10, p. 538.]
ID Code § 67-5232 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|Section 67-5232 - DECLARATORY RULINGS BY AGENCIES.

67-5232. DECLARATORY RULINGS BY AGENCIES. (1) Any person may petition an agency for a declaratory ruling as to the applicability of any statutory provision or of any rule administered by the agency. (2) A petition for a declaratory ruling does not preclude an agency from initiating a contested case in the matter. (3) A declaratory ruling issued by an agency under this section is a final agency action.  History: [(67-5232) 1965, ch. 273, sec. 8, p. 701; am. and redesignated 1992, ch. 263, sec. 23, p. 801.]
ID Code § 67-5240 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|Section 67-5240 - CONTESTED CASES.

67-5240. CONTESTED CASES. A proceeding by an agency, other than the public utilities commission or the industrial commission, that may result in the issuance of an order is a contested case and is governed by the provisions of this chapter, except as provided by other provisions of law.  History: [67-5240, added 1992, ch. 263, sec. 24, p. 802.]
ID Code § 67-5241 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|Section 67-5241 - INFORMAL DISPOSITION.

67-5241. INFORMAL DISPOSITION. (1) Unless prohibited by other provisions of law: (a) an agency or a presiding officer may decline to initiate a contested case; (b) any part of the evidence in a contested case may be received in written form if doing so will expedite the case without substantially prejudicing the interests of any party; (c) informal disposition may be made of any contested case by negotiation, stipulation, agreed settlement, or consent order. Informal settlement of matters is to be encouraged; (d) the parties may stipulate as to the facts, reserving the right to appeal to a court of competent jurisdiction on issues of law. (2) An agency or a presiding officer may request such additional information as required to decide whether to initiate or to decide a contested case as provided in subsection (1) of this section. (3) If an agency or a presiding officer declines to initiate or decide a contested case under the provisions of this section, the agency or the officer shall furnish a brief statement of the reasons for the decision to all persons involved. This subsection does not apply to investigations or inquiries directed to or performed by law enforcement agencies defined in section 74-101(7), Idaho Code. (4) The agency may not abdicate its responsibility for any informal disposition of a contested case. Disposition of a contested case as provided in this section is a final agency action.  History: [67-5241, added 1992, ch. 263, sec. 25, p. 802; am. 1993, ch. 216, sec. 107, p. 676; am. 2000, ch. 342, sec. 13, p. 1160; am. 2006, ch. 352, sec. 4, p. 1078; am. 2015, ch. 141, sec. 176, p. 519.]
ID Code § 67-5242 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|Section 67-5242 - PROCEDURE AT HEARING.

67-5242. PROCEDURE AT HEARING. (1) In a contested case, all parties shall receive notice that shall include: (a) a statement of the time, place, and nature of the hearing; (b) a statement of the legal authority under which the hearing is to be held; and (c) a short and plain statement of the matters asserted or the issues involved. (2) The agency head, one (1) or more members of the agency head, or one (1) or more hearing officers may, in the discretion of the agency head, be the presiding officer at the hearing. (3) At the hearing, the presiding officer: (a) Shall regulate the course of the proceedings to assure that there is a full disclosure of all relevant facts and issues, including such cross-examination as may be necessary. (b) Shall afford all parties the opportunity to respond and present evidence and argument on all issues involved, except as restricted by a limited grant of intervention or by a prehearing order. (c) May give nonparties an opportunity to present oral or written statements. If the presiding officer proposes to consider a statement by a nonparty, the presiding officer shall give all parties an opportunity to challenge or rebut it and, on motion of any party, the presiding officer shall require the statement to be given under oath or affirmation. (d) Shall cause the hearing to be recorded at the agency’s expense. Any party, at that party’s expense, may have a transcript prepared or may cause additional recordings to be made during the hearing if the making of the additional recording does not cause distraction or disruption. (e) May conduct all or part of the hearing by telephone, television, or other electronic means, if each participant in the hearing has an opportunity to participate in the entire proceeding while it is taking place. (4) If a party fails to attend any stage of a contested case, the presiding officer may serve upon all parties notice of a proposed default order. The notice shall include a statement of the grounds for the proposed order. Within seven (7) days after service of the proposed order, the party against whom it was issued may file a written petition requesting the proposed order to be vacated. The petition shall state the grounds relied upon. The presiding officer shall either issue or vacate the default order promptly after the expiration of the time within which the party may file a petition. If the presiding officer issues a default order, the officer shall conduct any further proceedings necessary to complete the adjudication without the participation of the party in default and shall determine all issues in the adjudication, including those affecting the defaulting party.  History: [(67-5242) 1965, ch. 273, sec. 9, p. 701; am. and redesignated 1992, ch. 263, sec. 26, p. 802.]
ID Code § 67-5243 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|Section 67-5243 - ORDERS NOT ISSUED BY AGENCY HEAD.

67-5243. ORDERS NOT ISSUED BY AGENCY HEAD. (1) If the presiding officer is not the agency head, the presiding officer shall issue either: (a) A recommended order, which becomes a final order only after review by the agency head in accordance with section 67-5244, Idaho Code; or (b) A preliminary order, which becomes a final order unless reviewed in accordance with section 67-5245, Idaho Code. (2) The order shall state whether it is a preliminary order or a recommended order. (3) Unless otherwise provided by statute or rule, any party may file a motion for reconsideration of a recommended order or a preliminary order within fourteen (14) days of the service date of that order. The presiding officer shall render a written order disposing of the petition. The petition is deemed denied if the presiding officer does not dispose of it within twenty-one (21) days after the filing of the petition.  History: [67-5243, added 1992, ch. 263, sec. 27, p. 804; am. 2010, ch. 255, sec. 1, p. 646.]
ID Code § 67-5244 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|Section 67-5244 - REVIEW OF RECOMMENDED ORDERS.

67-5244. REVIEW OF RECOMMENDED ORDERS. (1) A recommended order shall include a statement of the schedule for review of that order by the agency head or his designee. The agency head shall allow all parties to file exceptions to the recommended order, to present briefs on the issues, and may allow all parties to participate in oral argument. (2) Unless otherwise required, the agency head shall either: (a) issue a final order in writing within fifty-six (56) days of the receipt of the final briefs or oral argument, whichever is later, unless the period is waived or extended with the written consent of all parties or for good cause shown; (b) remand the matter for additional hearings; or (c) hold additional hearings. (3) The agency head on review of the recommended decision shall exercise all the decision-making power that he would have had if the agency head had presided over the hearing.  History: [67-5244, added 1992, ch. 263, sec. 28, p. 804.]
ID Code § 67-5245 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|Section 67-5245 - REVIEW OF PRELIMINARY ORDERS.

67-5245. REVIEW OF PRELIMINARY ORDERS. (1) A preliminary order shall include: (a) A statement that the order will become a final order without further notice; and (b) The actions necessary to obtain administrative review of the preliminary order. (2) The agency head, upon his own motion may, or, upon motion by any party shall, review a preliminary order, except to the extent that: (a) Another statute precludes or limits agency review of the preliminary order; or (b) The agency head has delegated his authority to review preliminary orders to one (1) or more persons. (3) A petition for review of a preliminary order must be filed with the agency head, or with any person designated for this purpose by rule of the agency, within fourteen (14) days after the service date of the preliminary order unless a different time is required by other provision of law. If the agency head on his own motion decides to review a preliminary order, the agency head shall give written notice within fourteen (14) days after the issuance of the preliminary order unless a different time is required by other provisions of law. The fourteen (14) day period for filing of notice is tolled by the filing of a petition for reconsideration under section 67-5243(3), Idaho Code. (4) The basis for review must be stated on the petition. If the agency head on his own motion gives notice of his intent to review a preliminary order, the agency head shall identify the issues he intends to review. (5) The agency head shall allow all parties to file exceptions to the preliminary order, to present briefs on the issues, and may allow all parties to participate in oral argument. (6) The agency head shall: (a) Issue a final order in writing, within fifty-six (56) days of the receipt of the final briefs or oral argument, whichever is later, unless the period is waived or extended with the written consent of all parties, or for good cause shown; (b) Remand the matter for additional hearings; or (c) Hold additional hearings. (7) The head of the agency or his designee for the review of preliminary orders shall exercise all of the decision-making power that he would have had if the agency head had presided over the hearing.  History: [67-5245, added 1992, ch. 263, sec. 30, p. 805; am. 2010, ch. 255, sec. 2, p. 647.]
ID Code § 67-5246 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 52 - IDAHO ADMINISTRATIVE PROCEDURE ACT|Section 67-5246 - FINAL ORDERS — EFFECTIVENESS OF FINAL ORDERS.

67-5246. FINAL ORDERS — EFFECTIVENESS OF FINAL ORDERS. (1) If the presiding officer is the agency head, the presiding officer shall issue a final order. (2) If the presiding officer issued a recommended order, the agency head shall issue a final order following review of that recommended order. (3) If the presiding officer issued a preliminary order, that order becomes a final order unless it is reviewed as required in section 67-5245, Idaho Code. If the preliminary order is reviewed, the agency head shall issue a final order. (4) Unless otherwise provided by statute or rule, any party may file a motion for reconsideration of any final order issued by the agency head within fourteen (14) days of the service date of that order. The agency head shall issue a written order disposing of the petition. The petition is deemed denied if the agency head does not dispose of it within twenty-one (21) days after the filing of the petition. (5) Unless a different date is stated in a final order, the order is effective fourteen (14) days after its service date if a party has not filed a petition for reconsideration. If a party has filed a petition for reconsideration with the agency head, the final order becomes effective when: (a) The petition for reconsideration is disposed of; or (b) The petition is deemed denied because the agency head did not dispose of the petition within twenty-one (21) days. (6) A party may not be required to comply with a final order unless the party has been served with or has actual knowledge of the order. If the order is mailed to the last known address of a party, the service is deemed to be sufficient. (7) A nonparty shall not be required to comply with a final order unless the agency has made the order available for public inspection or the nonparty has actual knowledge of the order. (8) The provisions of this section do not preclude an agency from taking immediate action to protect the public interest in accordance with the provisions of section 67-5247, Idaho Code.  History: [67-5246, added 1992, ch. 263, sec. 31, p. 806; am. 2010, ch. 255, sec. 3, p. 647.]