Idaho State Statutes - Idaho Attorney Directory

(1) The state board shall have
power to make rules for its own government and the government of its executive
departments and offices; and, upon recommendations of its executive officers,
to appoint to said departments and offices such specialists, clerks and other
employees as the execution of duties may require, to fix their salaries and
assign their duties.
(2) Statements of the state board of education and board of regents of
the university of Idaho which relate to the curriculum of public educational
institutions, to students attending or applicants to such institutions, or to
the use and maintenance of land, equipment and buildings controlled by the
respective institutions, are not rules and are not statements of general
applicability for the purposes of chapter 52, title 67, Idaho Code.
(3) Notwithstanding any other provision of chapter 52, title 67, Idaho
Code, the state board of education and board of regents of the university of
Idaho shall be deemed to be in full compliance with the notice requirements of
section 67-5221, Idaho Code, if:
(a) Notice is given by including the intended action in the official
written agenda for a regularly scheduled meeting of the board, and the
agenda is available for public inspection at the central office of the
board not less than five (5) days prior to the meeting; and
(b) Notice of the intended action, accompanied by the full text of the
rule under consideration prepared so as to indicate words added or deleted
from the presently effective text, if any, is transmitted to the director
of the legislative services office at the same time that notice is given
under paragraph (a) of this subsection. The director of the legislative
services office shall refer the material under consideration to the
germane joint subcommittee created in section 67-454, Idaho Code, to
afford the subcommittee opportunity to submit data, views or arguments in
writing to the board prior to the time for receiving comment as provided
in paragraph (d) of this subsection; and
(c) The intended action is discussed but not acted upon during the
regularly scheduled meeting for which the agenda was prepared, but instead
is held for final action at the next regularly scheduled or later meeting
of the board; and
(d) At least fifteen (15) days prior to the scheduled date for final
action, the board shall mail to all persons who have made timely request
in writing to the board and shall publish in an issue of the Idaho
administrative bulletin a brief description of the intended action, or a
concise summary of any statement of economic impact required pursuant to
section 67-5223(2), Idaho Code, and shall note the time when, the place
where, and the manner in which interested persons may present their views
thereon; and
(e) Upon adoption of a rule, the board, if requested in writing to do so
by an interested person either prior to adoption or within twenty-eight
(28) days thereafter, shall issue a concise statement of the principal
reasons for and against its adoption, incorporating therein its reasons
for overruling the considerations urged against its adoption.

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