Idaho Code

Idaho Code § 67-5232 (2026)

Declaratory rulings by agencies. 

✓ current as of May 2026
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Declaratory rulings by agencies. 

(1) Any person may petition an agency for a declaratory ruling that interprets or applies a statute or rule administered by the agency or states whether or in what manner an order issued by the agency applies to the petitioner.

(2)  A petition for a declaratory ruling does not preclude an agency from initiating a contested case in the matter.
(3)  A declaratory ruling issued by an agency under this section is a final agency action.
(4)  An agency shall index all currently effective declaratory orders in accordance with the provisions of section 67-5250, Idaho Code.
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2003–2022 · leading case: Idaho Retired Firefighters Ass'n v. Pub. Emp. Ret. Bd., 443 P.3d 207 (Idaho 2019).
Idaho Retired Firefighters Ass'n v. Pub. Emp. Ret. Bd., 443 P.3d 207 (Idaho 2019). · cites it 10× “§ 72-1423 ("All claims against the public employee retirement account shall be filed with the ... [B]oard."). Further, this Court has jurisdiction to review conclusions of law in any order issued by the Commission.”
Asarco Inc. v. State, 69 P.3d 139 (Idaho 2003). · cites it 2× “The statute specifically exempts the following actions from this definition: [1] 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; [2] declaratory…”
Pizzuto v. IDOC, 508 P.3d 293 (Idaho 2022). · cites it 2× “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…”
Idaho Retired Firefighters v. Pub. Employy Ret. Bd (Idaho 2019). · cites it 6× “Then, the Board would have jurisdiction under section 67-5232 to issue an order regarding the petition for declaratory judgment.”
Elgee v. Ret. Brd. of the Pub. Emp. (PERSI) (Idaho 2021). · cites it 2× “See I.C. § 67-5232(1) (“Any person may petition an agency for a declaratory ruling as to the applicability of any statutory provision or of any rule administered by the agency”).”
— Idaho Code § 67-5232(1) — 1 case
Elgee v. Ret. Brd. of the Pub. Emp. (PERSI) (Idaho 2021). “See I.C. § 67-5232(1) (“Any person may petition an agency for a declaratory ruling as to the applicability of any statutory provision or of any rule administered by the agency”).”
— Idaho Code § 67-5232(2) — 2 cases
Idaho Retired Firefighters Ass'n v. Pub. Emp. Ret. Bd., 443 P.3d 207 (Idaho 2019). “§ 72-1423 ("All claims against the public employee retirement account shall be filed with the ... [B]oard."). Further, this Court has jurisdiction to review conclusions of law in any order issued by the Commission.”
Idaho Retired Firefighters v. Pub. Employy Ret. Bd (Idaho 2019). “Then, the Board would have jurisdiction under section 67-5232 to issue an order regarding the petition for declaratory judgment.”
— Idaho Code § 67-5232(3) — 2 cases
Idaho Retired Firefighters Ass'n v. Pub. Emp. Ret. Bd., 443 P.3d 207 (Idaho 2019). “§ 72-1423 ("All claims against the public employee retirement account shall be filed with the ... [B]oard."). Further, this Court has jurisdiction to review conclusions of law in any order issued by the Commission.”
Idaho Retired Firefighters v. Pub. Employy Ret. Bd (Idaho 2019). “Then, the Board would have jurisdiction under section 67-5232 to issue an order regarding the petition for declaratory judgment.”
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