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Idaho lawmakers modify approach to review of administrative rules (2023)

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Administrative State
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State governments have taken a variety of actions that impact the administrative state at the state level. These actions may address aspects of the regulatory process—such as rulemaking and regulatory review—or interactions between the administrative state and other branches of state government, including judicial deference.

The following news event demonstrates a noteworthy response to administrative practices made by state governments. Click here to view a full list of noteworthy state approaches to address the administrative state.

Idaho lawmakers modify approach to review of administrative rules (2023)

A new Idaho law requires legislative approval and periodic review of all administrative rules issued by state agencies.

Before the new law, all administrative rules in Idaho expired each year unless the state legislature passed a resolution reauthorizing the state’s regulations. The new law requires lawmakers to approve each final rule before it takes effect and slows down the legislative review process by placing each rule on an eight-year expiration cycle. The modified approach seeks to ensure “that each rule is periodically reviewed for continued relevance and applicability,” according to the bill’s statement of purpose.[1]

The law, which passed the state House by a 55-9-6 vote and the state Senate by a 26-6-3 vote, took effect on July 1, 2023.[1]

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