67-5291. LEGISLATIVE REVIEW OF RULES. (1) The standing committees of the legislature may review temporary, pending and final rules which have been published in the bulletin or in the administrative code. If reviewed, the standing committee which reviewed the rules shall report to the membership of the body its findings and recommendations concerning its review of the rules. If ordered by the presiding officer, the report of the committee shall be printed in the journal. A concurrent resolution may be adopted approving the rule, in whole or in part, or rejecting the rule where it is determined that the rule, or part of the rule, is not consistent with the legislative intent of the statute that the rule was written to interpret, prescribe, implement or enforce, or where it is determined that any rule, or part of a rule, previously promulgated and reviewed by the legislature shall be deemed not to be consistent with the legislative intent of the statute the rule was written to interpret, prescribe, implement or enforce. The rejection of a rule, or part of a rule, by the legislature via concurrent resolution shall prevent the agency’s intended action from remaining in effect beyond the date of the legislative action. It shall be the responsibility of the secretary of state to immediately notify the affected agency of the filing and effective date of any concurrent resolution enacted to approve or reject, in whole or in part, an agency rule and to transmit a copy of the concurrent resolution to the director of the agency for promulgation. The agency shall be responsible for implementing legislative intent as expressed in the concurrent resolution, including, as appropriate, the reinstatement of the prior rule, if any, in the case of legislative rejection of a new rule. If a rule, or part of a rule, has been rejected by the legislature, the agency shall publish notice of such rejection in the bulletin. Except as provided in section 67-5226, Idaho Code, with respect to temporary rules, every rule promulgated within the authority conferred by law, and in accordance with the provisions of chapter 52, title 67, Idaho Code, and made effective pursuant to section 67-5224(5), Idaho Code, shall remain in full force and effect until the same is rejected by concurrent resolution, or until it expires as provided in section 67-5292, Idaho Code, or by its own terms.
(2) For purposes of this section, "part of a rule" means a provision in a rule that is designated either numerically or alphabetically or the entirety of any new or amended language contained therein.
History:
[(67-5291) 67-5218, added 1969, ch. 48, sec. 2, p. 125; am. 1976, ch. 185, sec. 2, p. 672; am. 1979, ch. 104, sec. 1, p. 251; am. 1979, ch. 112, sec. 1, p. 357; am. 1981, ch. 243, sec. 1, p. 486; am. 1985, ch. 13, sec. 2, p. 19; am. 1990, ch. 22, sec. 1, p. 33; am. and redesig. 1992, ch. 263, sec. 53, p. 815; am. 1995, ch. 196, sec. 3, p. 688; am. 1996, ch. 161, sec. 12, p. 538; am. 2014, ch. 191, sec. 3, p. 516; am. 2017, ch. 3, sec. 2, p. 4.]