REVISED
STATEMENT OF PURPOSE
RS27351C1 / S1283
The purpose of this amendment is to provide a consistent method across all state agencies for any person to
request a waiver, variance, or amendment of an existing Idaho rule. Currently Idaho statute allows petitioners
to request that an agency adopt, amend or repeal a rule, but there is no provision in Idaho's statutes for a person
to request a waiver or variance of an existing rule without first being denied by the agency. The amendment
prohibits a waiver, variance or amendment if the request is in violation of a statute.
The proposed legislation requires the petitioner to demonstrate at least one of the following:
1. The rule is unreasonable or causes an undue hardship
2. The petitioner's proposed alternative will provide substantially equal protection of health, safety and
welfare
3. The petitioner's alternative would test an innovative practice
Some agencies currently use an appeal process to consider rule waivers or variances requiring the applicant to
first be denied by the agency. This amendment would reduce the time and resources used by the petitioner and
agency to address rule waiver and variance requests.
FISCAL NOTE
The proposed amendment will have no significant impact on the state General Fund or local government. There
will be some staff time involved in reviewing a specific waiver request. Such requests would be relatively
infrequent and could reduce staff time for those agencies that use a denial and formal appeal process to grant a
waiver.
Contact:
Senator Jeff Agenbroad
Representative Kauffman
(208) 332-1000
DISCLAIMER: This statement of purpose and fiscal note are a mere attachment to this bill and prepared by a proponent
of the bill. It is neither intended as an expression of legislative intent nor intended for any use outside of the legislative
process, including judicial review (Joint Rule 18).
Statement of Purpose / Fiscal Note Bill SOP/FN REVISED: 02/11/2020, 1:40 PM


Statutes affected:
Bill Text: 67-5230