(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agency shall not adopt a temporary rule incorporating by reference a rule of that agency that is being or has been repealed unless the rule providing for the incorporation has been reviewed and approved by the legislature.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.

Terms Used In Idaho Code 67-5229

  • Administrative code: means the Idaho administrative code established in this chapter. See Idaho Code 67-5201
  • Adopt: means that an agency has, under the regular rulemaking process, promulgated a temporary rule, a new rule chapter, or an amendment or repeal of a final rule that will be submitted for review by the legislature as either a temporary rule or a pending rule. See Idaho Code 67-5201
  • Agency: means each state board, commission, department or officer authorized by law to make rules or to determine contested cases, but does not include the legislative or judicial branches, executive officers listed in section 1, article IV of the constitution of the state of Idaho in the exercise of powers derived directly and exclusively from the constitution, the state militia or the state board of correction. See Idaho Code 67-5201
  • Coordinator: means the administrative rules coordinator prescribed in section 67-5202, Idaho Code. See Idaho Code 67-5201
  • Final rule: means a rule that has been approved by the legislature and is in effect. See Idaho Code 67-5201
  • Rule: means all or a part of an agency statement of general applicability that has been promulgated in compliance with the provisions of this chapter and that implements, interprets, enforces, or prescribes:
Idaho Code 67-5201
  • Rulemaking: means the process for formulation and adoption of a rule. See Idaho Code 67-5201
  • Standard: means a manual, guideline, criterion, specification, requirement, measurement or other authoritative principle providing a model or pattern in comparison with which the correctness or appropriateness of specified actions, practices or procedures may be determined. See Idaho Code 67-5201
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Statute: A law passed by a legislature.
  • Temporary rule: means a rule authorized by the governor to become effective before it has been submitted to the legislature for review. See Idaho Code 67-5201
    • (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.