In his op-ed published Oct. 25, Idaho Sen. Brent Hill contrasts the law-creating process of the Legislature in which “Open hearings are held, public input is considered, and lawmakers are held directly accountable for their actions” with administrative rule making in which he says “government agencies promulgate rules and regulations having the effect of law, but with little or no accountability.” Hill must surely know about the Idaho Administrative Procedure Act (Idaho APA), but his opinion piece pretends as if the Idaho APA did not exist. The Idaho APA contains over 30 sections detailing notice to the public and interested parties, processes for public input into the rule making, and procedures for administrative, judicial, and legislative review of administrative rules. To call this “with little or no accountability” is simply incorrect. HJR 5 proposes a constitutional amendment that will take precedent over the Idaho APA and give the Legislature’s leadership total power over administrative rule making, a power quite possibly not even reviewable by the courts. HJR 5 is actually a step away from accountability and should be defeated.
Fred J. Frahm, Boise