IDAPA 15.06.01
Local government agencies as well as the Commission and governmental or multi-governmental organizations authorized to collect emergency communication fees.
This rule dictates how the Commission will mediate disputes between local government agencies over the governance of operations of consolidated emergency communications systems and interoperable public safety communications and data systems. The rule will additionally govern the grant process and dictate how to distribute money from the Idaho Emergency Communications Fund as grants to eligible entities.
This rule implements the following statute passed by the Idaho Legislature:
Counties and County Law -
Emergency Communications Act:
Idaho Public Safety Communications Commission
4040 W. Guard Street, Building 600
Boise, ID 83705-5004
Phone: (208) 258-6500
Fax: (208) 422-3044
Email and website:
clogan@imd.idaho.gov
https://ioem.idaho.gov/
This rule chapter will be reviewed in compliance with Section 67-5292, Idaho Code, and in accordance with the 8-year rule review schedule linked here.
15.06.01 – Rules Governing the Idaho Public Safety Communications Commission
000. Legal Authority. ... 3
001. Scope. ... 3
002. -- 009. (Reserved) ... 3
010. Definitions. ... 3
011. (Reserved) ... 3
SUBCHAPTER A – RULES GOVERNING MEDIATION
012. Request For Mediation. ... 3
013. Scheduled Group Mediation. ... 3
014. Requirement Of Submission Of Documents And Exhibits. ... 3
015. Individual Position Statements. ... 3
016. Group Mediation. ... 3
017. Supplemental Documentation. ... 4
018. Commission Recommendation. ... 4
019. Termination Of Mediation. ... 4
020. -- 099. (Reserved) ... 4
SUBCHAPTER B – COMMISSION GRANTS
100. Grant Administration. ... 4
101. Grant Cycle. ... 4
102. Application. ... 4
103. Award Eligibility Requirements. ... 5
104. Criteria For Equipment. ... 5
105. Fraudulent Information On Grant Application. ... 6
106. -- 999. (Reserved) ... 6
000. LEGAL AUTHORITY.
Section 31-4816(18), Idaho Code.
(4-6-23)
001. SCOPE.
These rules govern the Commission’s mediation and grant processes.
(4-6-23)
002. -- 009. (RESERVED)
010. DEFINITIONS.
01. Applicant. A Consolidated Emergency Communication Center submitting a grant application. (4-6-23)
02. Commission. The Idaho Public Safety Communications Commission as established within the Military Division by Section 31-4815(1), Idaho Code. (4-6-23)
03. Consolidated Emergency Communication Center. A governmental or multi-governmental organization authorized to collect emergency communication fees in accordance with Title 31, Chapter 48, Idaho Code. (4-6-23)
04. Grant Cycle. The period between July 1 through the following June 30 for grant application distribution, submission, award notice and disbursement in accordance with dates established in Section 021 of these rules. (4-6-23)
05. Mediation. The process required by Section 31-4817, Idaho Code, as a condition precedent to local government agencies initiating any legal action. (4-6-23)
06. Taxing District. A fire protection district created pursuant to Section 31-1402, Idaho Code, an ambulance service created pursuant to Section 31-3901, Idaho Code, or an ambulance service district created pursuant to Section 31-3908, Idaho Code. (4-6-23)
011. (RESERVED)
012. REQUEST FOR MEDIATION.
The parties must submit a written request for mediation to the Commission demonstrating that all parties are requesting the mediation. Mediation process is delineated in Commission Policy letter. (4-6-23)
013. SCHEDULED GROUP MEDIATION.
Within fifteen (15) days from the date of receipt of a request for mediation, the Commission will schedule a date for a mediation at which all parties and a quorum of the Commission can be present, and notify the parties in writing of the date of the group mediation. (4-6-23)
014. REQUIREMENT OF SUBMISSION OF DOCUMENTS AND EXHIBITS.
The Commission may require the parties to produce documents at or before the date set for the group mediation. Such documents may include, but are not limited to, individual statements of position from each party. The Commission will notify the parties in writing of any documents that may need to be produced and the date of submission. (4-6-23)
015. INDIVIDUAL POSITION STATEMENTS.
If the Commission requires individual statements of position from each party, the statements of position should begin with a one (1) page statement of the dispute. (4-6-23)
01. Stipulation of Facts. The parties are encouraged to stipulate to as many facts as possible and clearly identify what facts are being stipulated. (4-6-23)
02. Supporting Documents. The parties should present their entitlement position with specific references to appropriate supporting documents, to be included with the statement of position. (4-6-23)
016. GROUP MEDIATION.
The Commission chairman, or in his absence the vice-chairman or other commissioner designated by the chairman, will preside over the mediation. (4-6-23)
The Commission may require the parties to provide supplemental documentation and may establish a date by which such documentation is due. (4-6-23)
The Commission may make such recommendation orally or in writing. (4-6-23)
The mediation is terminated as follows: (4-6-23)
01. Settlement. By the signing of a settlement agreement between the parties covering any or all of the issues between them; and/or (4-6-23)
02. Failure to Agree. By the written declaration of all parties and the chairman, on behalf of the Commission, that the parties could not come to an agreement in the mediation covering any or all of the issues between them. (4-6-23)
020. -- 099. (RESERVED)
01. Grant Administration. The moneys that may be available through the ECGF are from the emergency communications fees placed in the Fund pursuant to Section 31-4819, Idaho Code. Administration of the Grants is detailed in Commission Policy Letter. (4-6-23)
01. Application Availability. The Commission will make an application and guidance available no later than July 1 of each year. (4-6-23)
02. Application Period. The Applicant has until July 31 to complete and submit the application to the Commission. (4-6-23)
03. Application Evaluation Period. Prior to September 15, the Commission and, if applicable, a grant subcommittee, will evaluate the applications received. (4-6-23)
04. Award Notification. Prior to October 31, the Commission will issue notification to every Applicant regarding the disposition of its grant request. (4-6-23)
05. Grant Disbursement. Grant disbursement will occur prior to April 30. (4-6-23)
06. Deadline for Return of Funds. All unused grant funds not expended for costs associated with Applicant's award must be returned by the Applicant no later than May 31. (4-6-23)
A completed application must be submitted by the Applicant on or before the conclusion of the application period to be considered during the Grant Cycle. (4-6-23)
01. Application Frequency. Only one (1) application per Consolidated Emergency Communication Center may be filed in any Grant Cycle, on the form required by the Commission. (4-6-23)
02. Incomplete Application. An application missing required information may be excluded from
consideration for an award. (4-6-23)
03. Applicant’s Request for Amendment. An Applicant may amend its application after the application period has ended by sending both a written request and the proposed application amendment to the IPSCC grant subcommittee. The Commission may grant such amendments at its discretion. (4-6-23)
01. Equipment. Only equipment identified as allowable in the application guidance may be purchased with grant funds. (4-6-23)
02. Award Consideration Criteria. To be considered for an award, an Applicant must meet all of the following requirements: (4-6-23)
a. Be a Consolidated Emergency Communication Center collecting emergency communications fees in accordance with Title 31, Chapter 48, Idaho Code, delivering or seeking to deliver Consolidated Emergency Communication services; (4-6-23)
b. Comply and warrant to comply with applicable law, including but not limited to Section 31-4804(5), Idaho Code; (4-6-23)
c. Agree to follow all applicable bid laws in the acquisition of any equipment paid for with grant funds; and (4-6-23)
d. Agree to use any grant funds in strict compliance with the grant terms and agree to provide written documentation or proof of expenses to the Commission as required by the grant terms. (4-6-23)
The following weighted criteria will be used to evaluate applications for equipment, with maximum weight available for each criterion as indicated. Greater value will be assigned to conditions indicating greater need for each criterion: (4-6-23)
01. Applicant Equipment Age. The age of similar equipment currently in use by the Applicant; value = fifteen (15). The application demonstrating older equipment will be assigned greater value. The application demonstrating replacement of older equipment with NG911/13 compliant equipment will be assigned a greater value. (4-6-23)
02. Applicant Equipment Availability. Similar equipment currently in use by the Applicant; value = fifteen (15). The application demonstrating lack of similar equipment will be assigned greater value; the application demonstrating no access to similar equipment will be assigned the maximum value. (4-6-23)
03. Anticipated Use. An estimate of the frequency of use for the equipment; value = fifteen (15). The application demonstrating a higher ratio of dispatch per capita will be assigned greater value. (4-6-23)
04. Duration of Use. An estimate of the length of time the equipment would be used, expressed as a mean time; value = fifteen (15). The application demonstrating a greater duration of use will be assigned greater value. (4-6-23)
05. Fiscal Resource Base. The proportion of operating budget supported by tax revenue; value = ten (10). The application demonstrating less revenue from taxes expressed as a percent of total revenue for the most recent year will be assigned greater value. (4-6-23)
06. City, County and Taxing District Endorsement. The proportion of Idaho cities, counties and Taxing Districts within which the Applicant’s primary service area occurs that endorse the application; value = five (5). The application demonstrating a larger percent of endorsements will be assigned greater value. (4-6-23)
07. Population. The number of people residing in the Consolidated Emergency Communications
Center’s service area; value = five (5). The application demonstrating a greater number of people will be assigned greater value. (4-6-23)
08. Square Mileage. The area served by the Consolidated Emergency Communications Center; value = fifteen (15). The application demonstrating a greater square mileage will be assigned greater value. (4-6-23)
09. Number of Law Enforcement, Fire and Emergency Medical Service Agencies Dispatched. Value = ten (10). The application demonstrating a higher number of law enforcement, fire and emergency medical service agencies will be assigned greater value. (4-6-23)
10. Narrative. The need for and lack of availability of funds from other sources as documented by the Applicant; value = twenty (20). The application demonstrating a greater need for and lack of available funds will be assigned greater value. The application seeking to share resources and equipment with other 911 service areas (e.g., host remote) will be assigned a greater value. (4-6-23)
Providing false information on any application or document submitted under these rules is grounds for declaring the Applicant ineligible. Any and all funds determined to have been acquired on the basis of fraudulent information must be returned to the Commission. (4-6-23)
106. -- 999. (RESERVED)