Idaho State Athletic Commission and Idaho Division of Occupational & Professional Licenses vs. Office of the Administrative Rules Coordinator
Idaho Supreme Court 2024
The Idaho State Athletic Commission (“Athletic Commission”) and the Idaho Division of Occupational & Professional Licenses (“DOPL”) brought a suit against the Office of the Administrative Rules Coordinator (“Administrative Rules Coordinator”) when it refused to publish the administrative rules proposed by the Athletic Commission. The legislature refused to do so because the legislature had not approved the regulations during the 2023 legislative session because the pending rules had expired according to Idaho Code 67-5224(5)(c).
The Athletic Commission and DOPL claimed that the requirement that the legislature approve its rules was unconstitutional because the agencies were executive branches. Therefore, it was improper to give the legislature power over an executive branch.
The Idaho Supreme Court opined that the Idaho Constitution provides that the legislature has the power to accept or reject administrative agency rules because agency rule-making authority is a delegation of power from the legislature.
But the Athletic Commission and DPOL claimed that once they were delegated rulemaking authority it then became the power and responsibility of the executive branch, and the legislature overreach was unconstitutional.
The Idaho Supreme Court declined to accept that theory and held that the Idaho legislature could constitutionally accept or reject agency rules.
Moral of the story:
Agency rules in Idaho are within the powers of the Idaho legislature.
Read the full opinion here:
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