By Ruth Brown, Idaho Reports
The Idaho Supreme Court on Monday issued an opinion stating that recent changes to Idaho’s rulemaking process are constitutional.
The case came after Idaho State Athletic Commission and the Idaho Division of Occupational and Professional Licenses argued in December that HB 206, which the Idaho Legislature passed last year on a party-line vote, prevents state administrative agencies from promulgating and adopting any enforceable administrative rules until those rules have been pre-approved by the legislature. The agencies argued it was a violation of the constitutional separation of powers between the legislative and executive branches
In an opinion written by Justice Colleen Zahn, the court unanimously found that rulemaking is not a constitutional authority of executive agencies, as the plaintiffs argued.
“Because rulemaking authority is derived from the legislative delegation of authority, the legislature is free to modify the process by which administrative rules are enacted, i.e., the legislature is free to condition its delegation of rulemaking authority by requiring agencies to follow the processes outlined in the (Idaho Administrative Procedure Act),” the court wrote.
The opinion stated the commission has standing in its lawsuit against the Legislature, but it did not grant an order requested by the plaintiffs.
However, the court said they are unpersuaded that temporary rulemaking is an adequate remedy.
“While the Legislature is correct that temporary rulemaking is a workaround that would allow Petitioners to adopt temporary rules that have the force and effect of law, temporary rulemaking does not remedy the claimed constitutional violation,” the court wrote. “Even if the Athletic Commission promulgated temporary rules and made them effective until the next legislative session, the alleged constitutional violations would continue to occur each time the Athletic Commission submitted pending rules to the legislature. Because temporary rulemaking is a workaround rather than a remedy for the alleged constitutional violations, it does not constitute a plain, speedy, and adequate alternative remedy.”
The Idaho Legislature is in the process of reviewing rules, which have the effect of law, in its current session.
Ruth Brown | Producer
Ruth Brown grew up in South Dakota and her first job out of college was covering the South Dakota Legislature. She’s since moved on to Idaho lawmakers. Brown spent 10 years working in print journalism, including newspapers such as the Idaho Statesman and Idaho Press, where she’s covered everything from the correctional system to health care issues. She joined Idaho Reports in 2021 and looks forward to telling stories about how state policy can impact the lives of regular Idahoans.