Administrative Rules. Who’s Watching the Rule-Makers?

Administrative Rules. Who’s Watching the Rule-Makers?

Preserving our Liberty begins with our understanding of how our State Government is structured. The laws/statutes are presented as a bill that is voted upon by our elected officials and upon approval becomes a statute. The legislature then delegates the responsibility of carrying out that details of the law through the various departments of the state using the administrative rules.

The administrative rules are written up by each department and then presented back to the legislators for review at the beginning of each session. There are 1000’s of rules. (Far too many to be reviewed in great detail prior to their approval.) Often times these rules are voted on and approved in whole, without even being read thoroughly by the elected officials. You can see how that is an EASY way for freedom to be snatched and liberty stolen.

Whose responsibility is it to watch the rule-makers to make sure they are following the rules?

If the elected officials are far too busy to read the thousands of rules and vote on them – then WHOSE responsibility is it to keep the rule-makers accountable? That would be you and me the citizens. Sadly, we have neglected our duties for far too long! However, right now, we have a reprieve!
The last session the Legislature did not automatically approve all the rules. . Review how this happened read an overview on page 2 

We have the opportunity to make public comment on ANY OF THE RULES! 

Grab your reading glasses and start looking through the rules there are  8200+ pages of Idaho Rules and Regulations! We are focusing on the health department since their rules pertain to our concerns that reading starts on page 1900.

Now is the time to have a real and meaningful impact on the 8200+ pages of Idaho Rules and Regulations up for public input.  See if there is something they tried to ‘slip by’ the legislators. We found a few we are concerned about. Tell us what you found! 


The analogy of ‘playing a game’

Different departments in the state ask the Legislature if it’s ok to play a new game. This is a game that everyone participates in, and the rules apply to all. Our Representatives and Senators vote ” YES, sure you can play this game.” Since its a new game, the rules aren’t written. The State Department (under the executive branch) now get to makeup the rules for everyone. Since the State Departments are not elected officials, the public is supposed to get input on all the rules made up by the bureaucrats. BUT when the public doesn’t know, doesn’t care or is too busy and the rules are made up without oversite. What we find is that they aren’t fair, don’t follow the intent of the law, or worse yet are UNCONSTITUTIONAL!
So nobody is watching the rule-makers to make sure they follow the rules!
What we – the public- find when we finally take the time to scour the THOUSANDS of PAGES of RULES?  The rules don’t line up. It appears the rule-makers just might be cheating!
The citizens are forced to ‘play by’ the rules that don’t conform to the statute.

When rule-makers cheat…

Then the citizens are forced to the Legislature and ask for a new law to be written that will force the rule-makers to FOLLOW THE ORIGINAL LAW! When our Representatives and Senators vote “YES here’s a new law to change the rule so that it follows the original law.” They are then forced to hand the responsibility of changing the rule to comply with the law – back to the very rule makers who twisted the rule in the first place!
And while the public is distracted the rule-makers continue the process of rule-manipulation. They are taking what an voted upon and changing it.  And so the convoluted process starts all over again.

SO how do we stop the cycle?
We need to watch the rule makers closer
We need to make them aware that we are awake, watching and paying close attention.
Making public comments and sharing these comments with our representatives and senators who will ultimately be voting upon the rules at the beginning of the year.
We express our concerns and make sure our voice is heard.
As citizens, we should NOT BE INTIMIDATED! They had us fooled. We forgot that they work for us! Now is the time to hold them accountable.

To hold the rule-makers accountable, you must attend one of the six hearings around the state this coming week. Take a few moments to speak out your concerns. Ask friends and family to join you in support of liberty and health freedom.

Here’s a list of the hearing for the Health Department. And a list of the hearing for OTHER DEPARTMENTS

What do I say? 

Here’s an example of what others have said

These are some samples of rules that are unlawful and unconstitutional. Your comments should not be limited to these issues below. Look through the rules and determine if there are other areas that you feel should be brought to the attention of our legislators. (RULES FROM HEALTH AND WELFARE)

RE:IDAPA 16 Department of Health and Welfare Docket 16-0000-1900

16.02.15 and 16.02.11 Requirements for Immunizations These rules violate informed consent, bodily autonomy, parental rights, medical privacy and doctor-patient privilege.

  • 36 required school vaccinations
  • 31 required daycare vaccines (by the age of 2)

These rules represent a clear violation of human rights as they go beyond the scope of the law and seek to coerce and bully parents into compliance. Forcing the injection of liability-free medical products into an individual in order to participate in education in public and private schools and participate in private business via daycares. 

Rules 16.02.15 and 16.02.11 should be removed from the rules or at very least amended to reflect a recommendation rather than a mandate.

IDAPA 16.03.09 Department of Health & Welfare Medicaid Basic Plan Benefits Bribing individuals to receive liability-free medical procedures in order to qualify for benefits. 

02. Wellness PHA. (3-30-07) a. A PHA benefit will be established for each participant who meets the eligibility criteria for Wellness PHA. Each participant must demonstrate that he has received recommended wellness visits and immunizations for his age prior to earning any points. (3-30-07) b. Ten (10) points can be earned each month by a participant who receives all recommended wellness visits and immunizations for his age during the benefit year.163.02 Bb. Ten (10) points can be earned each month by a participant who receives all recommended wellness visits and immunizations for his age during the benefit year.

Forcing those in greatest need into using liability-free medical products in compliance with ACIP vaccine schedule discriminates against religious/personal beliefs as there is no option for exemption from the immunization portion. 

All benefits should be provided equally to all qualified individuals without the mandated injections of liability-free medical products. 

IDAPA 16.06.12 – Rules Governing the Department of Health and Welfare Idaho Child Care Program (ICCP)ICCP can only receive child care benefits for eligible children. A child is eligible for child care benefits under the following conditions: (4-2-08)01. Immunizations Requirements. A child must be immunized in accordance with IDAPA 16.02.11, “Immunization Requirements for Children Attending Licensed Daycare Facilities in Idaho.” Child care benefits can continue during a reasonable period necessary for the child to be immunized. Parents must provide evidence that the child has been immunized unless the child is attending school. (4-2-08)

This rule does not clarify that exemptions are available deny services for those in need who qualify for the benefit. A modification of this rule is necessary to avoid religious discrimination against qualified participants.

16.02.12 – PROCEDURES AND TESTING TO BE PERFORMED ON NEWBORN INFANTS The government-mandated medical procedure must be weighed against the individual’s constitutionally protected interests in personal autonomy and bodily integrity. Mandated testing include blood draw to test for  for 47 conditions. 

These procedures should be written as recommendations NOT mandated medical procedures. *parents have the right to opt-out of testing for religious reasons. Being a mandated procedure – does this put the parent at greater risk for CPS “intervention”. (see concerns on CPS below)

RE:IDAPA 16 Department of Health and Welfare Docket 16-0000-1900f

Rules 16.06.01(559)(01) and (02) Rules for Conducting a CPS Investigation These rules allow agencies to operate outside the scope of the U.S. Constitution violating rights protected by the 4th and 14th amendments.

Are two rules that state anytime CPS is conducting an investigation or comprehensive safety assessment (01) an interview of the child must be conducted.CPS can not constitutionally require an interview of a child under the 4th and 14 amendments of the Constitution. Our bill of rights protects us from the government in areas of search and seizure. 

RULES 16.06.01(559) 01 and 02 are unconstitutional and should be removed from the administrative rules.

These are samples of topics of concern. Citizens are not limited to the above rules. There are other topics that can be addressed in writing and via the public hearings including gender change on birth certificates, tax-funded abortions via Medicaid. The list of HEALTH DEPARTMENT RULES easy access index is listed on the Admin Rules website under the Health and Welfare Department.

Another article on the topic: BE HEARD!


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