Idaho Code

Idaho Code § 67-5201 (2026)

Definitions.

✓ current as of May 2026

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Definitions.

As used in this chapter:

(1) "Administrative code" means the Idaho administrative code established in this chapter.

(2) "Administrative law judge" means any hearing officer who is employed as a full-time state employee by the office of administrative hearings, including the chief administrative law judge, the deputy chief administrative law judge, and any administrative law judges appointed by the chief administrative law judge pursuant to section 67-5282(1)(d), Idaho Code.

(3) "Adopt" means that an agency has, under the regular rulemaking process, promulgated a temporary rule, a new rule chapter, or an amendment or repeal of a final rule that will be submitted for review by the legislature as either a temporary rule or a pending rule.

(4) "Agency" means each state board, commission, department or officer authorized by law to make rules or to determine contested cases, but does not include the legislative or judicial branches, executive officers listed in section 1, article IV of the constitution of the state of Idaho in the exercise of powers derived directly and exclusively from the constitution, the state militia or the state board of correction.

(5) "Agency action" means:

(a) The whole or part of a rule or order;

(b) The failure to issue a rule or order; or

(6) "Agency head" means an individual or body of individuals in whom the ultimate legal authority of the agency is vested by any provision of law.

(7) "Bulletin" means the Idaho administrative bulletin established in this chapter.

(8) "Chief administrative law judge" means the administrator of the office of administrative hearings created pursuant to section 67-5280, Idaho Code.

(9) "Contested case" means a proceeding that results in the issuance of an order.

(10) "Coordinator" means the administrative rules coordinator prescribed in section 67-5202, Idaho Code.

(11) "Document" means any executive order, notice, rule or statement of policy of an agency.

(12) "Final rule" means a rule that has been approved by the legislature and is in effect.

(13) "Hearing officer" means the chief administrative law judge, the deputy chief administrative law judge, any administrative law judges appointed by the chief administrative law judge pursuant to section 67-5282(1)(d), Idaho Code, any independent contract hearing officers retained by the chief administrative law judge pursuant to section 67-5282(1)(i), Idaho Code, or a person otherwise appointed by an agency or board to hear a contested case.

(14) "License" means the whole or part of any agency permit, certificate, approval, registration, charter, or similar form of authorization required by law, but does not include a license required solely for revenue purposes.

(15) "Official text" means the text of a document issued, prescribed, or promulgated by an agency in accordance with this chapter and is the only legally enforceable text of such document. Judicial notice shall be taken of all documents issued, prescribed, or promulgated in accordance with this chapter.

(16) "Order" means an agency action of particular applicability that determines the legal rights, duties, privileges, immunities, or other legal interests of one (1) or more specific persons.

(17) "Party" means each person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party.

(18) "Pending fee rule" means any pending rule all or a portion of which imposes or increases a fee or charge.

(19) "Pending non-fee rule" means any pending rule that is not a pending fee rule.

(20) "Pending rule" means a proposed rule that an agency has adopted under the regular rulemaking process but remains subject to legislative review, is not a final rule, and is not in effect.

(21) "Person" means any individual, partnership, corporation, association, governmental subdivision or agency, or public or private organization or entity of any character.

(22) "Presiding officer" means one (1) or more members of an agency board, an agency head, or a duly appointed hearing officer who is authorized by statute or rule to preside at a contested case hearing. When more than one (1) officer sits at a hearing, they may all jointly be presiding officers or may designate one (1) of them to be the presiding officer.

(23) "Proposed rule" means an agency proposal that has been adopted and remains subject to review by the legislature.

(24) "Provision of law" means all or a part of the state or federal constitution, or of any state or federal:

(a) Statute; or

(b) Rule or decision of court.

(25) "Publish" means to bring before the public by publication in the bulletin or administrative code, by electronic means or as otherwise specifically provided by law.

(26) "Rule" means all or a part of an agency statement of general applicability that has been promulgated in compliance with the provisions of this chapter and that implements, interprets, enforces, or prescribes:

(a) Law; or

(b) The procedure or practice requirements of an agency. The term includes the amendment, repeal, or suspension of an existing rule, but does not include:

(i) Statements concerning only the internal management or internal personnel policies of an agency and not affecting private rights of the public or procedures available to the public;

(ii) Declaratory rulings issued pursuant to section 67-5232, Idaho Code;

(iii) Intra-agency memoranda; or

(iv) Any written statements given by an agency that pertain to an interpretation of a rule or to the documentation of compliance with a rule.

(27) "Rule chapter" means the numeric designation of a grouping of related agency rules by the coordinator.

(28) "Rulemaking" means the process for formulation and adoption of a rule.

(29) "Standard" means a manual, guideline, criterion, specification, requirement, measurement or other authoritative principle providing a model or pattern in comparison with which the correctness or appropriateness of specified actions, practices or procedures may be determined.

(30) "Submitted for review" means that a rule has been provided to the legislature for review at a regular or special legislative session as provided in section 67-5291, Idaho Code.

(31) "Temporary rule" means a rule authorized by the governor to become effective before it has been submitted to the legislature for review.

Notes of Decisions

Cited in 140 cases (11 in the last 5 years), 1972–2026 · leading case: Laughy v. Idaho Dep't of Transp., 243 P.3d 1055 (Idaho 2010).

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Laughy v. Idaho Dep't of Transp., 243 P.3d 1055 (Idaho 2010). · cites it 31× “The Idaho Administrative Procedure Act ("IAPA"), I.C. §§ 67-5201 to -5292, governs judicial review of agency actions.”

Smith v. Meridian Jt. Sch. Dist. No. 2, 918 P.2d 583 (Idaho 1996). · cites it 11× “The board of trustees of each school district is authorized by statute to perform administrative and organizational tasks for the school district. I.C. Sections 33-303, - 304, -307, -308, -309, -310.”

Sagewillow, Inc. v. Idaho Dep't of Water Resources, 70 P.3d 669 (Idaho 2003). · cites it 10× “It argues that the Idaho Administrative Procedure Act, Idaho Code §§ 67-5201 et seq., does not provide for participation by agencies in judicial review of actions or orders in contested cases that affect individual rights.”

Serv. Employees Int'l Union v. Idaho Dep't of Health & Welfare, 683 P.2d 404 (Idaho 1984). · cites it 18× “Subsection (g) of § 67-5203 provides that "[n]o rule hereafter adopted is valid unless adopted in substantial compliance with this section." The record is clear that the policies and procedures manual of the Department, which appellant alleges was violated by the Step D policy,…”

Gibson v. Ada Cnty. Sheriff's Dep't, 72 P.3d 845 (Idaho 2003). · cites it 6× “I.C. §§ 67-5201,-5270. “Agency” means each state board, commission, department or officer authorized by law to make rules or to determine contested cases, but does not include the legislative or judicial branches, executive officers listed in section 1, article IV, of the…”

Coeur d'Alene Tribe v. Lawerence Denney, 387 P.3d 761 (Idaho 2015). · cites it 6× “In turn, Idaho Code section 67-5201(2) defines “state agency” as: [E]ach state board, commission, department or officer authorized by law to make rules or to determine contested cases, but does not include the legislative or judicial branches, executive officers listed in…”

Guillard v. Dep't of Emp., 603 P.2d 981 (Idaho 1979). · cites it 8× “NOTES [1] The Idaho Administrative Procedure Act is compiled in I.C. § 67-5201 et seq. I.C. § 67-5201 provides in part: "67-5201.”

Westway Constr., Inc. v. Idaho Transp. Dep't, 73 P.3d 721 (Idaho 2003). · cites it 7× “To be a contested case, the proceeding must be by an “agency,” which Idaho Code § 67-5201 (2) defines as follows: “Agency” means each state board, commission, department or officer authorized by law to make rules or to determine contested cases, but does not include the…”

State v. Felicity Kathleen Haynes, 355 P.3d 1266 (Idaho 2015). · cites it 8× “” I.C. § 67-5201(19). The approval and certification standards would constitute a rule under the Act.”

V-1 Oil Co. v. Idaho Petroleum Clean Water Trust Fund, 920 P.2d 909 (Idaho 1996). · cites it 12× “The Trust Fund is not a state agency within the meaning of I.C. § 67-5201, which is incorporated into I.”

Williams v. Idaho State Bd. of Real Est. Appraisers, 337 P.3d 655 (Idaho 2014). · cites it 6× “3d at 782 (citing I.C. § 67-5201(2)). “A strong presumption of validity favors an agency’s actions.”

Tomorrow's Hope, Inc. v. Idaho Dep't of Health & Welfare, 864 P.2d 1130 (Idaho 1993). · cites it 30× “The Administrative Procedure Act (IDAPA), in effect at times pertinent to this controversy, I.C. § 67-5201 et seq. required that all agency rules must be promulgated according to the procedural requirements set out in I.”

Show all 140 citing cases →

— Idaho Code § 67-5201(1) — 18 cases

Smith v. Meridian Jt. Sch. Dist. No. 2, 918 P.2d 583 (Idaho 1996). “The board of trustees of each school district is authorized by statute to perform administrative and organizational tasks for the school district. I.C. Sections 33-303, - 304, -307, -308, -309, -310.”

Bott v. Idaho State Bldg. Auth., 835 P.2d 1282 (Idaho 1992).

Owner-Operator Indep. Drivers Ass'n v. Idaho Pub. Utils. Comm'n, 871 P.2d 818 (Idaho 1994).

Carman v. Com'n of Pardons & Parole, 809 P.2d 503 (Idaho 1991).

Roe Ex Rel. Roe v. Harris, 917 P.2d 403 (Idaho 1996).

— Idaho Code § 67-5201(11) — 1 case

Idaho State Athletic Comm'n v. Off. of the Admin. Rules Coordinator (Idaho 2024).

— Idaho Code § 67-5201(12) — 5 cases

Laughy v. Idaho Dep't of Transp., 243 P.3d 1055 (Idaho 2010). “The Idaho Administrative Procedure Act ("IAPA"), I.C. §§ 67-5201 to -5292, governs judicial review of agency actions.”

Lochsa Falls, L.L.C. v. State, 207 P.3d 963 (Idaho 2009).

Maresh v. State, Dep't of Health & Welfare Ex Rel. Caballero, 970 P.2d 14 (Idaho 1998).

Erickson v. Idaho Bd. of Reg. of Prof'l Engineers & Prof'l Land Surveyors, 203 P.3d 1251 (Idaho 2009).

Laughy v. ConocoPhillips Co. (Idaho 2010).

— Idaho Code § 67-5201(13) — 5 cases

Laughy v. Idaho Dep't of Transp., 243 P.3d 1055 (Idaho 2010). “The Idaho Administrative Procedure Act ("IAPA"), I.C. §§ 67-5201 to -5292, governs judicial review of agency actions.”

Sagewillow, Inc. v. Idaho Dep't of Water Resources, 70 P.3d 669 (Idaho 2003). “It argues that the Idaho Administrative Procedure Act, Idaho Code §§ 67-5201 et seq., does not provide for participation by agencies in judicial review of actions or orders in contested cases that affect individual rights.”

Idaho Watersheds Proj., Inc. v. State Bd. of Land Commissioners, 918 P.2d 1206 (Idaho 1996).

Citizens Against Linscott v. Bonner Cnty. Bd. of Commissioners, 483 P.3d 380 (Idaho 2021).

Laughy v. ConocoPhillips Co. (Idaho 2010).

— Idaho Code § 67-5201(15) — 4 cases

Laughy v. Idaho Dep't of Transp., 243 P.3d 1055 (Idaho 2010). “The Idaho Administrative Procedure Act ("IAPA"), I.C. §§ 67-5201 to -5292, governs judicial review of agency actions.”

Westway Constr., Inc. v. Idaho Transp. Dep't, 73 P.3d 721 (Idaho 2003). “To be a contested case, the proceeding must be by an “agency,” which Idaho Code § 67-5201 (2) defines as follows: “Agency” means each state board, commission, department or officer authorized by law to make rules or to determine contested cases, but does not include the…”

Laughy v. ConocoPhillips Co. (Idaho 2010).

— Idaho Code § 67-5201(16) — 1 case

Wood v. ITD, 532 P.3d 404 (Idaho 2023).

— Idaho Code § 67-5201(16)(a) — 1 case

Idaho State Tax Comm'n v. Beacom, 961 P.2d 660 (Idaho Ct. App. 1998).

— Idaho Code § 67-5201(17) — 2 cases

Idaho State Athletic Comm'n v. Off. of the Admin. Rules Coordinator (Idaho 2024).

Citizens Against Linscott v. Bonner Cnty. Bd. of Commissioners, 483 P.3d 380 (Idaho 2021).

— Idaho Code § 67-5201(18) — 1 case

Idaho State Athletic Comm'n v. Off. of the Admin. Rules Coordinator (Idaho 2024).

— Idaho Code § 67-5201(19) — 6 cases

State v. Felicity Kathleen Haynes, 355 P.3d 1266 (Idaho 2015). “” I.C. § 67-5201(19). The approval and certification standards would constitute a rule under the Act.”

Pizzuto v. IDOC, 508 P.3d 293 (Idaho 2022).

Mallonee v. State, 84 P.3d 551 (Idaho 2004).

Asarco Inc. v. State, 69 P.3d 139 (Idaho 2003).

Idaho State Athletic Comm'n v. Off. of the Admin. Rules Coordinator (Idaho 2024).

— Idaho Code § 67-5201(19)(b) — 2 cases

Asarco Inc. v. State, 69 P.3d 139 (Idaho 2003).

Pizzuto v. IDOC, 508 P.3d 293 (Idaho 2022).

— Idaho Code § 67-5201(19)(b)(iv) — 1 case

Sons & Daughters of Idaho, Inc. v. Idaho Lottery Comm'n, 132 P.3d 416 (Idaho 2006).

— Idaho Code § 67-5201(2) — 38 cases

Gibson v. Ada Cnty. Sheriff's Dep't, 72 P.3d 845 (Idaho 2003). “I.C. §§ 67-5201,-5270. “Agency” means each state board, commission, department or officer authorized by law to make rules or to determine contested cases, but does not include the legislative or judicial branches, executive officers listed in section 1, article IV, of the…”

Arambarri v. Armstrong, 274 P.3d 1249 (Idaho 2012).

Williams v. Idaho State Bd. of Real Est. Appraisers, 337 P.3d 655 (Idaho 2014). “3d at 782 (citing I.C. § 67-5201(2)). “A strong presumption of validity favors an agency’s actions.”

Petersen v. Franklin Cnty., 938 P.2d 1214 (Idaho 1997).

State v. Felicity Kathleen Haynes, 355 P.3d 1266 (Idaho 2015). “” I.C. § 67-5201(19). The approval and certification standards would constitute a rule under the Act.”

— Idaho Code § 67-5201(20) — 1 case

State v. Nelson, 951 P.2d 943 (Idaho 1998).

— Idaho Code § 67-5201(21) — 1 case

Idaho State Athletic Comm'n v. Off. of the Admin. Rules Coordinator (Idaho 2024).

— Idaho Code § 67-5201(23) — 1 case

Hamilton v. Dept of Transp. (Idaho Ct. App. 2016).

— Idaho Code § 67-5201(29) — 1 case

Idaho State Athletic Comm'n v. Off. of the Admin. Rules Coordinator (Idaho 2024).

— Idaho Code § 67-5201(3) — 9 cases

Laughy v. Idaho Dep't of Transp., 243 P.3d 1055 (Idaho 2010). “The Idaho Administrative Procedure Act ("IAPA"), I.C. §§ 67-5201 to -5292, governs judicial review of agency actions.”

Fuchs v. State, Dep't of Idaho State Police, Bureau of Alcohol Beverage Control, 272 P.3d 1257 (Idaho 2012).

Barton v. Bd. of Regents, 550 P.3d 293 (Idaho 2024).

Travis David Knox v. State, 404 P.3d 1280 (Idaho Ct. App. 2017).

— Idaho Code § 67-5201(3)(c) — 1 case

BV Beverage Co. v. Idaho Alcohol Beverage Control., 315 P.3d 812 (Idaho 2013).

— Idaho Code § 67-5201(4) — 5 cases

Laughy v. Idaho Dep't of Transp., 243 P.3d 1055 (Idaho 2010). “The Idaho Administrative Procedure Act ("IAPA"), I.C. §§ 67-5201 to -5292, governs judicial review of agency actions.”

Erickson v. Idaho Bd. of Reg. of Prof'l Engineers & Prof'l Land Surveyors, 203 P.3d 1251 (Idaho 2009).

Committe to Protect & Preserve v. State (Idaho 2026).

Laughy v. ConocoPhillips Co. (Idaho 2010).

— Idaho Code § 67-5201(6) — 5 cases

Williams v. Idaho State Bd. of Real Est. Appraisers, 337 P.3d 655 (Idaho 2014). “3d at 782 (citing I.C. § 67-5201(2)). “A strong presumption of validity favors an agency’s actions.”

Roberts v. Wyman, 23 P.3d 152 (Idaho Ct. App. 2000).

Pines, D.O. v. State Bd. of Med., 351 P.3d 1203 (Idaho 2015).

Erickson v. Idaho Bd. of Licensure of Prof'l Engineers & Prof'l Land Surveyors (Idaho 2019).

Timothy Williams v. Idaho State Bd. of Real Est. Appraisers (Idaho 2014).

— Idaho Code § 67-5201(7) — 6 cases

Mead v. Arnell, 791 P.2d 410 (Idaho 1990).

Tomorrow's Hope, Inc. v. Idaho Dep't of Health & Welfare, 864 P.2d 1130 (Idaho 1993). “The Administrative Procedure Act (IDAPA), in effect at times pertinent to this controversy, I.C. § 67-5201 et seq. required that all agency rules must be promulgated according to the procedural requirements set out in I.”

Bott v. Idaho State Bldg. Auth., 835 P.2d 1282 (Idaho 1992).

Serv. Employees Int'l Union v. Idaho Dep't of Health & Welfare, 683 P.2d 404 (Idaho 1984). “Subsection (g) of § 67-5203 provides that "[n]o rule hereafter adopted is valid unless adopted in substantial compliance with this section." The record is clear that the policies and procedures manual of the Department, which appellant alleges was violated by the Step D policy,…”

— Idaho Code § 67-5201(7)(A) — 1 case

— Idaho Code § 67-5201(9) — 1 case

Idaho State Athletic Comm'n v. Off. of the Admin. Rules Coordinator (Idaho 2024).

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