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Senate Bill 1283 — Administrative rule waivers

Senate Bill 1283 — Administrative rule waivers

Parrish Miller
February 6, 2020

Bill description: SB1283 provides a consistent method for individuals to seek a waiver, variance, or amendment of an existing Idaho rule.

Rating: +1

Does it give government any new, additional, or expanded power to prohibit, restrict, or regulate activities in the free market? Conversely, does it eliminate or reduce government intervention in the market?

SB 1283 says that any person may petition an agency for a waiver of or variance from a specified rule or rules if the waiver would not conflict with or violate Idaho law. The waiver would have to be is consistent with at least one of the following considerations:

  • In the petitioner's specific circumstances, applying a certain rule or rules is unreasonable and would impose undue hardship or burden on the petitioner;
  • The petitioner proposes an alternative that, in the opinion of the agency, will provide the same protection of health, safety, and welfare intended by the particular rule in question; or
  • The waiver or variance requested would test an innovative practice or model that will, in the opinion of the agency, generate meaningful evidence that the agency can use to consider a rule change.

Additionally, SB 1283 instructs any agency that grants a waiver or variance to "consider a rule change that will allow all similarly situated persons to derive the same benefits granted to the petitioner."


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