Idaho § 67-5229 - Incorporation by reference

§ 67-5229. Incorporation by reference

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agency shall not adopt a temporary rule incorporating by reference a rule of that agency that is being or has been repealed unless the rule providing for the incorporation has been reviewed and approved by the legislature.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

(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. The legislature may reject the incorporated material in whole or in part in accordance with the provisions of section 67-5291 , Idaho Code.

(5) The legislature finds that the public has the right to know about and easily access all incorporated material that holds the force and effect of law. Accordingly, an agency shall purchase or obtain at least one (1) digital copy of any incorporated material and shall, without charging a fee, make only the incorporated material conspicuously available and easily accessible on its website unless otherwise prohibited by federal law or the purchase agreement.