A state commission is asking the Idaho Supreme Court to intervene after a law passed this session rendered all of its rules unenforceable.
The State Athletic Commission, which is part of the Idaho Division of Occupational Licensing, says the changes the legislature made to administrative rule-making are unconstitutional. The commission is an agency in the state’s executive branch and has the authority to make rules to “direct, supervise and control all amateur and professional contests and exhibitions within the state,” according to state code.
“The lack of rules published in the Idaho Administrative Code impairs the State Athletic Commission’s ability to protect the public health, safety and welfare in connection with amateur and professional contests and licenses in Idaho. … Time is of the essence because each day that passes without enforceable final rules creates a risk of harm to the public and to participants in amateur and professional contests and exhibitions,” Division of Occupational Licensing Administrator Russell Barron wrote in his statement to the court.
On 12 October, the court granted the Commission’s request to expedite the case. Oral arguments before the court will take place in November.
HB 206, as amended, requires administrative rules to be pre-approved by the legislature before they can take effect, something that was previously only required for rules setting fees. Because the House State Affairs Committee didn’t pre-approve the commission’s rules, the commission was left without legally enforceable rules.
The lawsuit, filed against Office of Administrative Rules Coordinator Brad Hunt, argues that the legislature overstepped its authority by violating the separation of powers between the legislative, executive and judicial branches of government. It also argues that because rules have the force of law and the Legislature can only approve rules through one chamber, the pre-approval process would bypass the constitutional process for approving legislation – passing both chambers and receiving the governor’s signature.
“The issues raised in the lawsuit present an important legal question for state government, which is why the Athletic Commission is seeking clarity from the Idaho Supreme Court,” Division of Occupational and Professional Licenses spokesman Bob McLaughlin said in an emailed statement.
Gov. Brad Little also expressed concerns about the bill, which he didn’t sign but didn’t veto, allowing it to go into effect.
Little wrote to House Speaker Mike Moyle in an April 6 transmittal letter that he supported some aspects of HB 206, but said he couldn’t support the legislative pre-approval process it included.
“Conditioning the enforceability of rules on legislative action violates the constitutional separation of powers and threatens to undermine the negotiated rulemaking process,” Little wrote.
Barron wrote in court documents that the commission’s role in licensing amateur and professional boxers, mixed martial artists, kickboxers and wrestlers has been disrupted, as well as collecting fees related to licensing, establishing medical requirements, establishing licensing requirements and creating codes of ethics and standards of practice.
The hearing is scheduled for 9am on 20 November at the Idaho Supreme Court in Boise.