20161021Decision Memo.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

TO: COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: DAPHNE HUANG
DEPUTY ATTORNEY GENERAL

DATE: OCTOBER 18, 2016

SUBJECT: PENDING TRS RULE, IDAPA DOCKET NO. 31-4602-1602 (RUL-T-16-02)

The Commission published a Notice of Intent to Promulgate Rules – Negotiated
Rulemaking in the July 2016 Administrative Bulletin. The Notice notified the public that the
Commission plans to amend its Telecommunications Relay Services (TRS) Rules to: (1) delete
obsolete references; (2) correct misspellings and outdated e-mail addresses; (3) improve the
clarity or readability of rules; and (4) simplify the Administrator’s process for requesting
proposals from TRS providers. Staff now recommends that the Commission adopt the pending
rule, which includes a non-substantive change correcting an error brought to light in the sole
comment received.
BACKGROUND
The Commission’s Notice in the July 2016 Administrative Bulletin explained that the
Commission was soliciting public input on amendments to the TRS Rules before initiating
formal rulemaking procedure, and invited the public to express their views by telephone, e-mail,
or written comments by July 27, 2016. As of July 28, 2016, no one had responded to the Notice.
Accordingly, the Commission found that lack of public interest rendered further negotiated
rulemaking infeasible, and that the Commission should proceed to formal rulemaking. See
Minutes of Decision Meeting, August 3, 2016.
The Commission published a Notice of Rulemaking – Proposed Rule in the August
2016 Administrative Bulletin. The Notice included the same descriptive summary from the
Commission’s July 2016 Notice (above), but explained that requests for hearing must be made in
DECISION MEMORANDUM 2
writing by 25 persons no later than September 21, 2016, and that written comments must be
delivered on or before September 28, 2016.
PUBLIC COMMENT
The Commission received no requests for hearing, and one comment from Kenneth
McClure of Givens Pursley LLP. The comment identified an error in the proposed rule, in newly
numbered subsection 103.b, referencing the “Idaho Telephone Association.” Mr. McClure stated
that the Idaho Telephone Association (ITA) has changed its name to “Idaho Telecom Alliance.”
McClure Comment. Mr. McClure indicated that ITA’s “functions and membership have not
changed; only its name is new.” McClure Comment.
Staff alerted the Department of Administration regarding the incorrect entity name in
the renumbered IDAPA 31.46.02.103.01.b of the pending rule, which is also in IDAPA
31.46.02.103.01.c of the current rule. On October 18, 2016, the Administrative Rules
Coordinator indicated that the error has been corrected as a non-substantive change to the current
rule, and also to the pending rule in the legislative rules review book.
STAFF RECOMMENDATION
Staff recommends that the Commission adopt the (corrected) pending rule at open
meeting.
COMMISSION DECISION
Does the Commission wish to adopt the (corrected) pending rule?

N:31-4602-1602_djh_Dec Memo