Idaho Administrative Code Title IDAPA 04 - Attorney General, Office of the
Here’s a detailed look at IDAPA 04 – Office of the Attorney General within the Idaho Administrative Code, including its current structure, major rule chapters, and functions:
📑 Key Chapters in IDAPA 04
04.02.01 – Idaho Rules of Consumer Protection
Establishes standards and prohibited practices under the Idaho Consumer Protection Act (e.g., deceptive ads, bait‑and‑switch, “free” claims).
Organized into subchapters on general provisions, definitions, deceptive practices, disclosures, pricing rules, promotions, and more
04.02.02 – Rules of Telephone Solicitations and Pay‑Per‑Telephone‑Call Services
Governs telemarketing: required disclosures, preamble messages, registration, exemptions, definitions, and penalties
04.12.01 – Administrative Procedure for Cooperative Health‑Care Agreements
Sets procedures for approving or contesting cooperative agreements (e.g., certificates of public advantage), including hearings, evidence, petitions, interventions, discovery, adjudication, and appeal
04.20.01 – Implementation of the Tobacco Master Settlement Agreement Complementary Act
Details rules under the Tobacco Master Settlement, including subchapters A–D outlining state implementation and enforcement
🛠️ Roles & Scope of IDAPA 04
Consumer protection (04.02.01)
Defines unfair/deceptive acts, enforcement processes, advertising rules (e.g., misrepresentation, going-out-of-business, promotional offers).
Telemarketing regulation (04.02.02)
Ensures consent, disclosure, transparency in telephone solicitations and pay-per-call services.
Health‑care cooperative agreements (04.12.01)
Regulates legal processes for healthcare providers seeking legal antitrust immunity via “certificates of public advantage.” Includes burden of proof, timelines, hearings, and review
Tobacco settlement implementation (04.20.01)
Enforces Idaho's complementary provisions under the national tobacco settlement, covering obligations of tobacco companies and compliance oversight.
📅 Recent Updates & Effective Dates
04.12.01: Sections updated as recently as March 31, 2022—notably in definitions, contested‑case rules, and procedural references
04.02.01 / 04.02.02: Core provisions date back to mid-1990s, with 1993 or earlier effective dates for consumer protection and telemarketing rules
🔍 Where to Read the Rules
Idaho Administrative Rules (AdminRules.IDaho.gov):
Browse by agency: find Title 04 – Attorney General, view PDFs for the full text
Cornell LII / Justia:
Offers clearer outlines (e.g., rule structures for 04.02.01 and 04.12.01)
✅ Quick Reference Table
| Rule Number | Title & Focus |
|---|---|
| 04.02.01 | Consumer Protection: deceptive ads, pricing, sales practices |
| 04.02.02 | Telephone Solicitation: telemarketing rules and pay‑per‑call disclosure requirements |
| 04.12.01 | Healthcare Agreements: procedures for cooperative agreements including hearings and certificates |
| 04.20.01 | Tobacco Settlement Implementation: enforcing state-level obligations |
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