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ID S1283
Bill
Status
3/24/2020
Primary Sponsor
Judiciary and Rules Committee
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AI Summary
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Adds new procedures allowing any person to petition an agency for a waiver of or variance from a specified rule if the waiver would not conflict with Idaho law and meets at least one of three conditions: unreasonable application causing undue hardship, proposing an alternative affording substantially equal protection, or testing an innovative practice.
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Requires agencies to either deny a waiver or variance petition in writing with stated reasons, or approve it in whole or in part while specifying any conditions or time limits placed on the waiver or variance.
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Establishes a 28-day deadline for agencies to approve, deny, or initiate rulemaking on petitions, or the first regularly scheduled board or commission meeting occurring 7 or more days after submission for multimember agencies with non-full-time members; deadline restarts if the agency requests additional information from the petitioner.
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Requires agencies that grant a waiver or variance to consider adopting a rule change allowing all similarly situated persons to receive the same benefits granted to the petitioner.
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Classifies an agency decision denying a petition as a final agency action.
Legislative Description
Amends existing law to provide for a petition for a waiver or variance from an administrative rule.
ADMINISTRATIVE RULES
Last Action
Session Law Chapter 277 Effective: 07/01/2020
3/24/2020