Education for Life
A hierarchy is established to define the levels of precedent for state government documents. To illustrate these various levels, the analogy of a pyramid is useful. Each increasing level becomes smaller in size, yet greater in scope. The Idaho State Constitution defines the legislature. The legislation creating an agency defines and restricts the agency’s authority, which in turn restricts the scope of its rule making powers.
It is helpful to understand the definition and scope of these documents for perspective on the day-to-day administration and execution of the law. See The Idaho Rule Writer’s Manual (page 8) for a description of each document and insight on how agency rules are written.
Administrative Rules have the force and effect of law and as such are subject to a comprehensive process that includes review and approval by the Idaho Legislature in order to become final and enforceable.
Pursuant to Section 67-5229(2), Idaho Code, the notice of proposed rulemaking must include a brief summary detailing the need to incorporate by reference any additional materials into the rule. The agency must also provide information regarding access to the incorporated materials.
