206082 PUBLIC NOTICE OF INTENT TO PROPOSE OR PROMULGATE NEW OR CHANGED AGENCY RULES The following agencies of the state of Idaho have published the complete text and all related, pertinent information concerning their intent to change or make the following rules in the latest publication of the state Administrative Bulletin. The proposed rule public hearing request deadline is October 21, 2026, unless otherwise posted. The proposed rule written comment submission deadline is October 28, 2026, unless otherwise posted. (Temp & Prop) indicates the rulemaking is both Temporary and Proposed. (*PH) indicates that a public hearing has been scheduled. IDAPA 02 - DEPARTMENT OF AGRICULTURE PO Box 7249, Boise, ID 83707 *02-0107-2601 (Fee Rule), Rules Governing Hemp. (*PH) To align chapter with recent legislation, updates in this rulemaking relate to: the retail sale of hemp derived products for human ingestion or inhalation; clarifying non-negligent violations in the production of hemp; and establishing fees for retailers of hemp derived products. *02-0214-2601 (Fee Rule), Rules for Weights and Measures. (*PH) Current fees being 66% below national average, rule changes aim to stabilize and match real costs of program implementation, which include personnel costs and capital replacement of specialized equipment and vehicles. 02-0405-2601, Rules Governing Grade A Milk and Manufacture Grade Milk. Proposed updates include documents incorporated by reference and implementing amendments to state law authorizing testing of milk by the department in defining the process for additional quality parameters. 02-0609-2601, Rules Governing Invasive Species and Noxious Weeds. Adds Spiny cocklebur, a non-native plant posing invasive tendencies and threats to agriculture and native habitats, to Idaho's Noxious Weed list for authority purposes of treatment and control, as well as technical edits. IDAPA 08 - STATE BOARD OF EDUCATION PO Box 83720, Boise, ID 83720-0037 08-0111-2601, Registration of Postsecondary Educational Institutions and Proprietary Schools. To improve clarity and consistency with current practice, the purpose of these updates is to remove the outdated term "regional," and provisions associated with surety bond exemptions. 08.02.02 - Rules Governing Uniformity. 08-0202-2601, This rulemaking: revises bullying prevention, reporting, and response requirements; and updates educator preparation, certification, and alternative authorization provisions to comport with recently enacted statutory changes and align with current state and federal law. 08-0202-2602, Intended change seeks to update the Operating Procedures for Idaho Public Driver Education Programs document incorporated by reference to improve consistency in the application of driver education program standards. 08-0202-2603, Proposed updates center around removing the outdated modifier "regional" from references to accreditation to ensure consistent application for the purposes of educator certification. 08.02.03 - Rules Governing Thoroughness. 08-0203-2601, Rule edits aim to clarify: civics and government proficiency provisions, including recognition of alternate pathways; digital literacy graduation credit, which applies after January 1, 2028, graduation; and participation and exemption language for newly enrolled limited English proficient students with respect to statewide assessments. 08-0202-2602, Proposed rule changes update incorporated by reference material to reflect newly adopted, revised, or restored core academic content standards approved by the State Board of Education, including Digital Literacy, Artificial Intelligence, Civics, Mathematics, English Language Arts, and Science, also College and Career Readiness Competencies language. 08-0601-2601 (New Chapter), Rules Governing the K-12 and Postsecondary Education System. (Temp & Prop) To uphold Idaho's Fairness in Women's Sports Act, this rule chapter establishes procedures for schools, local education agencies, and public institutions of higher education to receive, review, document, and resolve disputes regarding a student's biological sex for purposes of athletic participation pursuant to state law. IDAPA 11 - IDAHO STATE POLICE / PEACE OFFICER STANDARDS AND TRAINING COUNCIL 700 S Stratford Dr, Meridian, ID 83642 11.11.01 - Rules of the Idaho Peace Officer Standards and Training Council. *11-1101-2601, (*PH) Proposed changes intend to reduce regulatory burden by eliminating unnecessary or outdated requirements and clarifying existing requirements where additional guidance is needed and thereby streamlining the regulatory process while maintaining the standards necessary for effective peace officer training, certification, and public safety. *11-1101-2603, (Temp & Prop) (*PH) Modifications to certification requirements such as: reducing the existing college credit requirements for higher-level detention officer certifications; establishing specific ongoing training requirements to retain Misdemeanor Probation Officer certification; incorporating instructor credit requirements for maintaining basic certification; and combining two separate disciplines into a single one, Juvenile Justice Officer, all reduce regulatory burden and contribute to retention and ongoing development of the law enforcement profession. IDAPA 13 - IDAHO DEPARTMENT OF FISH AND GAME PO Box 25, Boise, ID 83707 13-0109-2601, Rules Governing Taking of Game Birds and Upland Game Animals. Changes allow for electronic tagging options to certain game birds to modernize processes and eliminate the need for a paper tag in the field. 13-0110-2601, Rules Governing Importation, Possession, Release, Sale, or Salvage of Wildlife. Revision would make moving an animal carcass between Game Management Units within a Chronic Wasting Disease management zone illegal whether salvaged or taken through hunting. IDAPA 15 - OFFICE OF THE GOVERNOR / IDAHO STATE LIQUOR DIVISION 1349 E Beechcraft Ct, Boise, ID 83716 15-1001-2601, Rules of the Idaho State Liquor Division. Proposed changes seek to eliminate the Resident Supplier Representative provision in its entirety to proactively address potential constitutional challenges. IDAPA 16 - DEPARTMENT OF HEALTH AND WELFARE PO Box 83720, Boise, ID 83720-0036 *16-0219-2601, Idaho Food Code. (*PH) The proposed rule implements recent changes enacted in the Idaho Direct-to-Consumers Commerce Act. *16-0322-2601, Residential Assisted Living Facilities. (Temp & Prop) (*PH) Based on a review of a 2025 statutory amendment, the Department proposes to eliminate a $500 building evaluation fee due to not having clear legal authority to charge the fee. *16-0326-2601, Medicaid Plan Benefits. (*PH) These rule changes, which do not create new services, are proposed to align with session laws from the Idaho Legislature, are responsive to CMS and stakeholder feedback, relieve burden on providers, simplify and clarify unintentional ambiguity, and position the Department for more efficient operation of the State Medicaid program and to exercise effective utilization management. *16-0506-2601, Criminal History and Background Checks. (*PH) To implement recently effective changes codified in state law, this chapter was streamlined to address mainly procedural items that are not specifically addressed in statute and to eliminate duplication. *16-0601-2601, Child and Family Services. (*PH) These rulemaking updates pertain to the age of eligible young adults to access extended foster care, visitation between parents and children placed in foster care, the usage of death benefits for children in foster care, and general non-substantive language cleanup as a result of legislation passed during the 2026 legislative session. IDAPA 20 - IDAHO DEPARTMENT OF LANDS Forestry Assistance Bureau, 3284 W Industrial Loop, Coeur d'Alene, ID 83815 *20-0201-2601, Rules Pertaining to the Idaho Forest Practices Act. (*PH) Rule changes establish provisions related to the timely salvage of dead, dying, or threatened timber when practicable, on non-private forest lands of 2,000 contiguous acres or more, implementing Idaho Code. IDAPA 24 - DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSES PO Box 83720, Boise, ID 83720-0063 *24-0501-2601 (Fee Rule), Rules of the Board of Drinking Water and Wastewater Professionals. (*PH) To address the Board's negative cash balance as required by statute to maintain a cash balance of 30% to 150%, this proposed rule increases the licensure fee. *24-3910-2601, Rules of the Idaho Electrical Board. (*PH) The intent of this rulemaking is to add more exceptions and exemptions in permit expiration, practice standards, and revisions to the Idaho Electrical Code, to allow for greater flexibility and potential decreased business costs. IDAPA 26 - IDAHO DEPARTMENT OF PARKS AND RECREATION 5657 Warm Springs Ave, Boise, ID 83716 26-0120-2601 (Fee Rule), Rules Governing the Administration of Park and Recreation Areas and Facilities. To align with economic climate, the Department is considering updating fees for Electric, Full Hook-up, and Companion Campsites, as well as Non-campers Shower Use. IDAPA 28 - IDAHO DEPARTMENT OF COMMERCE 700 W State St, Boise, ID 83702 28-0401-2601, Rules Governing the Idaho Reimbursement Incentive Act. Proposed changes from the Department are limited to technical, formatting, or clarifying revisions to assist in administration of the Idaho Reimbursement Incentive Act, including application, agreement, and compliance requirements. IDAPA 35 - STATE TAX COMMISSION PO Box 36, Boise, ID 83722-0036 *35-0103-2602, Property Tax Administrative Rules. (Temp & Prop) (*PH) The intent of these changes is to: identify the retail customer; prevent non-typical rates or contractual arrangements from altering the classification as a retail sale; and prevent the quantity of reported kWh sales from being reduced or netted against other transactions between the parties for Kilowatt Hours and Therms Tax computation. *35-0201-2601, Tax Commission Administration and Enforcement Rules. (*PH) After performing a critical and comprehensive review of the governing statutes and existing rule chapter to assess whether content of the rule is still necessary, the Commission plans to remove redundant and unnecessary language to assist in streamlining the rules. IDAPA 37 - IDAHO DEPARTMENT OF WATER RESOURCES PO Box 83720, Boise, ID 83720-0098 37-0101-2601, Rules of Procedure of the Idaho Department of Water Resources and the Water Resource Board. This rulemaking explores necessity of rule chapter content, incorporates fairness and efficiency improvements, and aims to prevent bias in contested case proceedings. 37-0308-2601, Water Appropriation Rules. Rule amendments seek to streamline and improve the process for requesting additional information from water right applicants, such as making the initial request for additional information within 45 days of receiving the application. IDAPA 39 - IDAHO TRANSPORTATION DEPARTMENT PO Box 7129, Boise, ID 83707-1129 39-0260-2601, Rules Governing License Plate Provisions. To comport with legislative changes from the 2026 session, these proposed rule changes look to eliminate all references to registration stickers and license plate expiration. 39-0280-2601, Rules Governing Motor Carrier Financial Responsibility. This rulemaking removes several outdated or statutorily duplicative rule provisions after undergoing a full agency review of the chapter. IDAPA 58 - DEPARTMENT OF ENVIRONMENTAL QUALITY 1410 N Hilton St, Boise, ID 83706 58-0106-2601 (Fee Rule), Solid Waste Management Rules. As a result of legislative action that removed municipal solid waste regulatory oversight from public health districts, rulemaking to transfer responsibilities to DEQ was necessary and includes: enforcing statutory and rule based solid waste management operational requirements; review and approval of operations plans, closure plans and activities, post-closure plans and activities, and corrective action plans; and the establishment and collection of fees as developed by industry stakeholders. IDAPA 62 - OFFICE OF ADMINISTRATIVE HEARINGS 350 N 9th St Ste 300, Boise, ID 83702 62-0101-2601, Idaho Rules of Administrative Procedure. In accordance with the 8-year rule review cycle, this rulemaking was conducted to align the chapter with style and format guidance and updates/simplifies language, as well as making experience-based updates to various rules. Please refer to the Idaho Administrative Bulletin October 7, 2026, Volume 26-10, for the notices and text of all rulemakings, proclamations, negotiated rulemaking and public hearing information and schedules, executive orders of the Governor, and agency contact information. Issues of the Idaho Administrative Bulletin can be viewed at www.adminrules.idaho.gov/ Office of the Administrative Rules Coordinator, Division of Financial Management, PO Box 83720, Boise, ID 83720-0032 Phone: 208-334-3900; Email: adminrules@dfm.idaho.gov