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TOMORROW'S HOPE v. DEPT. OF H. & WELFARE

No. 20121.

864 P.2d 1130 (1993)

124 Idaho 843

TOMORROW'S ROPE, INC., Petitioner-Respondent, v. IDAHO DEPARTMENT OF HEALTH AND WELFARE, Respondent-Appellant.

Supreme Court of Idaho, Eastern Idaho, September 1993.

December 7, 1993.

Attorney(s) appearing for the Case

Larry EchoHawk, Atty. Gen., Bradford D. Goodsell, Deputy Atty. Gen., Boise, for appellant. Bradford D. Goodsell argued.

Pierce & Stoddard, Boise, for respondent. Steven M. Stoddard argued.

BISTLINE, Justice.

The issue presented to us for determination in this controversy is whether an administrative agency may create or amend policy without being subject to rulemaking procedures. The Administrative Procedure Act (IDAPA), in effect at times pertinent to this controversy, I.C. § 67-5201 et seq. required that all agency rules must be promulgated according to the procedural requirements set out in I.C. § 67-5203. The 1986 legislature amended...

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