PUBLIC NOTICE OF INTENT TO PROPOSE OR PROMULGATE NEW OR CHANGED AGENCY RULES | Legal Notices

Date:


The following agencies of the state of Idaho have published the complete text and all related, pertinent information

concerning their intent to change or make the following rules in the latest publication of the state Administrative Bulletin.

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The proposed rule public hearing request deadline is July 20, 2022, unless otherwise posted.

The proposed rule written comment submission deadline is July 27, 2022, unless otherwise posted.

(Temp & Prop) indicates the rulemaking is both Temporary and Proposed.

(*PH) indicates that a public hearing has been scheduled.

IDAPA 02 – DEPARTMENT OF AGRICULTURE

PO Box 7249, Boise, ID 83707

02-0104-2201, Rules Governing the Voluntary Idaho Preferred® Promotion Program. (Temp & Prop) Zero Based Regulation (ZBR) Chapter Rewrite defines terms, establishes fees, and sets product selection criteria for participation in the voluntary Idaho Preferred® program.

02-0202-2201, Rules Governing Apple Grading and Storage. ZBR Chapter Rewrite governs grading regulations for and controlled atmospheric storage of Idaho-grown apples.

02-0404-2201, Rules for Artificial Dairy Products. ZBR Chapter Rewrite authorizes issue of written stop sale order on artificial dairy products.

02-0415-2201, Rules Governing Beef Cattle Animal Feeding Operations. ZBR Chapter Rewrite governs the design, function, and management practices of waste systems on beef cattle animal feeding operations.

02-0417-2201, Rules Governing Dead Animal Movement and Disposal. ZBR Chapter Rewrite manages the movement and disposal of dead animals; provides establishment exclusions and extraordinary methods for emergencies.

02-0429-2201, Rules Governing Trichomoniasis. ZBR Chapter Rewrite provides regulatory framework to prevent the spread of trichomoniasis in cattle by testing and through control, identification, and eradication programs.

02-0602-2201, Rules Governing Registrations and Licenses. ZBR Chapter Rewrite specifies product registration and label requirements for commercial feed, fertilizer, and soil and plant amendments; also to prevent or spread bee diseases and establish registration and collect fees.

02-0605-2201, Rules Governing Plant Disease and Quarantines. ZBR Chapter Rewrite provides regional consistency for plant pest quarantines to prevent the spread of disease/pests and verify eligibility of crops for export.

02-0633-2201, Organic Food Products Rules. (Temp & Prop) Restructures fee schedules to enhance program services for voluntary certifiers.

02-0801-2201, Sheep and Goat Rules of the Idaho Sheep and Goat Health Board. (Temp & Prop) New Chapter reauthorizes previous rule that governs prevention, control, and eradication of diseases among sheep and goats; and assesses fees.

IDAPA 05 – IDAHO DEPARTMENT OF JUVENILE CORRECTIONS

PO Box 83720, Boise, ID 83720-0285

*05-0103-2201, Rules of the Custody Review Board. (*PH) ZBR Chapter Rewrite defines powers, duties, composition, and determinations of the Custody Review Board for the juvenile corrections system in Idaho.

IDAPA 15.06 – OFFICE OF THE GOVERNOR / Idaho Military Division

4040 W Guard, Bld 600, Boise, ID 83705

*15-0601-2201, Rules Governing the Idaho Public Safety Communications Commission. (*PH) ZBR Chapter Rewrite outlines Commission processes for dispute resolution mediation and grant application, criteria, and awardment.

IDAPA 15.10 – OFFICE OF THE GOVERNOR / Idaho State Liquor Division

1349 E Beechcraft Ct, Boise, ID 83716

*15-1001-2201, Rules of the Idaho State Liquor Division. (*PH) ZBR Chapter Rewrite governs Division operations and supports the Idaho Liquor Act, Title 23, Idaho Code, through regulation of retail stores, distributing stations, and suppliers; and establishes fees.

IDAPA 16 – DEPARTMENT OF HEALTH AND WELFARE

PO Box 83720, Boise, ID 83720-0036

16-0103-2201, Emergency Medical Services (EMS) – Agency Licensing Requirements. Rulemaking incorporates provisions from a rule chapter being repealed to include EMS data collection standards and response records.

16-0106-2201, Emergency Medical Services (EMS) – Data Collection and Submission Requirements. Chapter repealed by agency determination; necessary provisions moved into IDAPA 16.01.03.

16-0208-2201, Vital Statistics Rules. Changes due to legislative action waive fee for a birth certificate for individuals experiencing homelessness to obtain an identification card; and allows adult adoptees access to their birth records upon turning age 18.

16-0309-2201, Medicaid Basic Plan Benefits. Updates requirements for fitting prosthetic and orthotic devices due to stakeholder concerns.

16-0324-2201, The Medically Indigent Program. Chapter repealed as a result of the passage of H0735 by the 2022 legislature.

16-0325-2201, Idaho Medicaid Promoting Interoperability (PI) Program. Chapter repealed due to program completion and closing of funds.

IDAPA 17 – INDUSTRIAL COMMISSION

11321 W Chinden Blvd, Boise, Idaho 83714

17-0101-2201, Administrative Rules Under the Worker’s Compensation Law. (Temp & Prop) Aligning with statute, changes no longer require claimants to specify how unpaid medical bills will be treated at time of settlement.

IDAPA 18 – DEPARTMENT OF INSURANCE

PO Box 83720, Boise, ID, 83720-0043

*18-0202-2201, Automobile Insurance Policies. (*PH) ZBR Chapter Rewrite assists implementation of state statute regarding insurance cancellation, non-renewal, and under/uninsured motorists.

*18-0203-2201, Certificate of Liability Insurance for Motor Vehicles. (*PH) ZBR Chapter Rewrite identifies the certificate of liability insurance for motor vehicles required in state law.

*18-0701-2201, Rules for Acquiring Control, Insurance Holding Company Systems and Mutual Insurance Holding Companies. (*PH) ZBR Chapter Rewrite sets forth procedural requirements necessary to administer governing law, to include mutual holding companies.

*18-0702-2201, Reserve Liabilities and Minimum Valuations for Annuities and Pure Endowment Contracts. (*PH) ZBR Chapter Rewrite recognizes mortality tables for use in determining minimum standard valuations for annuity and pure endowment contracts.

*18-0703-2201, Valuation of Life Insurance Policies Including the Use of Select Mortality Factors. (*PH) ZBR Chapter Rewrite provides tables and rules for use of select mortality factors; and standards for plan valuations with nonlevel premiums or benefits, or secondary guarantees.

*18-0708-2201, Property and Casualty Actuarial Opinion Rule. (*PH) ZBR Chapter Rewrite applies to annual statements filed by property and casualty companies; and provides the Director the means to monitor an insurer’s loss reserves.

*18-0709-2201, Life and Health Actuarial Opinion and Memorandum Rule. (*PH) ZBR Chapter Rewrite allows use of professional judgement and opinion by appointed actuary in asset analysis and communication. Director may specify methods deemed necessary to render adequacy.

*18-0802-2201, Fire Protection Sprinkler Contractors. (*PH) ZBR Chapter Rewrite ensures only qualified personnel and organizations install and maintain approved fire sprinkler systems; establishes fees and bonding requirements.

IDAPA 31 – IDAHO PUBLIC UTILITIES COMMISSION

11331 W Chinden Blvd, Ste 201-A, Boise, ID 83714

31-6101-2201, Rules for the Measurement of Stray Current or Voltage (Stray Voltage Rules). ZBR Chapter Rewrite outlines process for all persons or entities involved in any way in the measurement or remediation of stray current or voltage within Idaho.

31-8101-2201, Energy Consumption Reporting Rules. ZBR Chapter Rewrite implements state laws applicable to all energy suppliers required to submit consumption reports; and reimbursement entitlement for reporting.

IDAPA 36 – IDAHO STATE BOARD OF TAX APPEALS

PO Box 36, Boise, ID 83720-0088

36-0101-2200 – (Temp & Prop) Omnibus rulemaking reauthorizes rule chapter previously submitted to and reviewed by the legislature.

IDAPA 47 – IDAHO DIVISION OF VOCATIONAL REHABILITATION

PO Box 83720, Boise, ID 83720-0037

47-0101-2200 – (Temp & Prop) Omnibus rulemaking reauthorizes rule chapter previously submitted to and reviewed by the legislature.

NOTICES OF ADOPTION OF TEMPORARY RULE ONLY

IDAPA 24 – DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSES / Outfitters and Guides Licensing Board

24-3501-2200, Omnibus rulemaking reauthorizes Title 35, Chapter 01.

IDAPA 61 – IDAHO STATE PUBLIC DEFENSE COMMISSION

61-0000-2200, Omnibus rulemaking reauthorizes Title 01, Chapters 01-04.

NOTICES OF INTENT TO PROMULGATE RULES – NEGOTIATED RULEMAKING

(Please see the Administrative Bulletin for dates and times of meetings and other participant information)

IDAPA 08 – STATE BOARD OF EDUCATION

08-0111-2201, Registration of Postsecondary Educational Institutions and Proprietary Schools

08-0113-2201, Rules Governing the Opportunity Scholarship Program

08-0202-2201, Rules Governing Uniformity

08-0203-2201, Rules Governing Thoroughness

08-0204-2201, Rules Governing Public Charter Schools

08-0301-2201, Rules of the Public Charter School Commission

IDAPA 11.04 – IDAHO STATE POLICE / Idaho State Racing Commisison

11-ZBRR-2201, Negotiates Title 04, Chapters 02-11, 13-15.

IDAPA 24 – DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSES

*24-ZBRR-2201, (*Second Notice) Negotiates Title 10, Chapter 01; Title 12, Chapter 01; Title 23, Chapter 01; Title 30, Chapter 01; Title 34, Chapter 01; Title 35, Chapter 01; and Title 39, Chapters 10, 30.

IDAPA 38 – DEPARTMENT OF ADMINISTRATION

38-0501-2201, Rules of the Division of Purchasing

IDAPA 39 – IDAHO TRANSPORTATION DEPARTMENT

*39-0343-2201, (*Second Notice) Rules Governing Utilities on State Highway Right-of-Way

NOTICE OF PROCLAMATION

IDAPA 13 – IDAHO FISH AND GAME COMMISSION

13-0000-2200P4, Establishing Seasons and Limits for Hunting, Fishing, and Trapping in Idaho

Please refer to the Idaho Administrative Bulletin July 6, 2022, Volume 22-7, for the notices and text of all rulemakings, proclamations, negotiated rulemaking and public hearing information and schedules, executive orders of the Governor, and agency contact information.

Issues of the Idaho Administrative Bulletin can be viewed at www.adminrules.idaho.gov/

Office of the Administrative Rules Coordinator, Division of Financial Management, PO Box 83720, Boise, ID 83720-0032

Phone: 208-334-3900; Email: adminrules@dfm.idaho.gov

7-06-22c



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