Rules — Authority of board.
(1) The state board of correction shall make all necessary rules to carry out the provisions of this chapter not inconsistent with express statutes or the state constitution and to carry out those duties assigned to the department of correction pursuant to the provisions of chapter 8, title 20, Idaho Code. The board shall fix the time and place of meetings, the order of business, the form of records to be kept, the reports to be made, and all other rules necessary to the efficient management and control of the state penitentiary and all properties used in connection therewith. All rules of the board shall be subject to review of the legislature pursuant to sections 67-454 and 67-5291, Idaho Code, but no other provisions of chapter 52, title 67, Idaho Code, shall apply to the board, except as otherwise specifically provided by statute. When making rules required by this section, the board or the department shall submit the rules to the office of the state administrative rules coordinator in a format suitable to the office of the state administrative rules coordinator as provided in section 67-5202, Idaho Code, and the board or department shall pay all the fees provided in section 67-5205, Idaho Code. The office of the state administrative rules coordinator is authorized and shall publish the board or department’s rules in the administrative bulletin. Additionally, whenever the board or department desires to amend, modify or repeal any of its rules, it shall follow the procedure provided in this section. All rules or the amendment or repeal of rules shall be effective thirty (30) days after the date of publication by the office of the administrative rules coordinator. If the board determines that the rules need to be effective at a sooner date, they shall issue a proclamation indicating that the public health, safety and welfare is in jeopardy and, if the governor agrees, the rules shall be effective upon the governor signing the proclamation.
(2) "Rule" as used in this section means the whole or a part of the board of correction or department of correction’s statement of general applicability that has been promulgated in compliance with the provisions of this section and that implements, interprets or prescribes:
(a) Law or policy; or
(b) The procedure or practice requirements of the board or department. The term includes the amendment, repeal, or suspension of an existing rule, but does not include:
(i) Statements concerning only the internal management or internal personnel policies of an agency and not affecting private rights of the public or procedures available to the public; or
(ii) Declaratory rulings issued pursuant to statute or the board’s rules; or
(iii) Intra-department memoranda; or
(iv) Any written statements given by the department or board that pertain to an interpretation of a rule or to the documentation of compliance with a rule.
(3) At the same time that the proclamation of rulemaking is filed with the coordinator, the board or department shall provide the same notice, the full text of the rule under consideration in legislative format, and a statement of the substance of the intended action to the director of legislative services. If the rulemaking is based on a requirement of federal law or regulation, a copy of that specific federal law or regulation shall accompany the submission to the director of legislative services. The director of legislative services shall analyze and refer the material under consideration to the germane joint subcommittee created in section 67-454, Idaho Code. (4) The board or department shall prepare and deliver to the germane joint subcommittee a statement of economic impact with respect to a rule if the germane joint subcommittee files a written request with the board or department for such a statement. The statement shall contain an evaluation of the costs and benefits of the rule, including any health, safety, or welfare costs and benefits. The adequacy of the contents of the statement of economic impact is not subject to judicial review.
Notes of Decisions
Searcy v. Idaho State Bd. of Corr., 376 P.3d 750 (Idaho 2016).
· cites it 47× “istrict court concluded that the Board had “broad authority to set the State’s policy regarding the control, direction and management of the penitentiaries of the state pursuant to Idaho Constitution, Article X, § 5” and that the Board had “taken appropriate remedial action to…”
Pizzuto v. IDOC, 508 P.3d 293 (Idaho 2022).
· cites it 12× “Pizzuto disputed Defendants’ position but argued that if the district court were to find Defendants’ argument persuasive, it should dismiss his complaint without prejudice so he could amend it to allege violation of Idaho Code section 20-212. That statute requires the Board to…”
Mellinger v. Idaho Dep't of Corr., 757 P.2d 1213 (Idaho Ct. App. 1988).
· cites it 2× “§ 20-210; the power to make all necessary rules and regulations to carry out its duties, I.C. § 20-212; and the power to fix the duties of such persons necessary for the administration of the parole and probation system, I.”
Waggoner v. State, 828 P.2d 321 (Idaho Ct. App. 1991).
· cites it 2× “Further, under I.C. § 67-5201(1), prison administration and disciplinary proceedings are not subject to the Administrative Procedure Act.”
Barry Searcy v. State Bd of Corr. (Idaho Ct. App. 2015).
· cites it 69× “From that same Act, Idaho Code § 20-212 read: The state board of correction shall make all necessary rules and regulations to carry out the provisions of the act not inconsistent with express statutes or the state constitution.”
Cover v. ID Bd. of Corr. (Idaho 2020).
· cites it 6× “At issue in this case is Idaho Code section 74-105(4)(a)(i), which exempts from disclosure “[r]ecords of which the public interest in confidentiality, public safety, security and habilitation clearly outweighs the public interest in disclosure as identified pursuant to the…”
Goodrick v. Field (D. Idaho 2020).
· cites it 2× “§ 20-101. The legislature authorized the Board to “make and adopt such rules and regulations for the .”
Goodrick - Certified Question of Law (Idaho 2020).
· cites it 2× “Prisoners are to perform such labor at the direction of the Board pursuant to its “rules and regulations.” I.C. § 20-101. The legislature authorized the Board to “make and adopt such rules and regulations for the .”
— Idaho Code § 20-212(1) — 2 cases
Searcy v. Idaho State Bd. of Corr., 376 P.3d 750 (Idaho 2016).
“istrict court concluded that the Board had “broad authority to set the State’s policy regarding the control, direction and management of the penitentiaries of the state pursuant to Idaho Constitution, Article X, § 5” and that the Board had “taken appropriate remedial action to…”
Barry Searcy v. State Bd of Corr. (Idaho Ct. App. 2015).
“From that same Act, Idaho Code § 20-212 read: The state board of correction shall make all necessary rules and regulations to carry out the provisions of the act not inconsistent with express statutes or the state constitution.”
— Idaho Code § 20-212(2) — 3 cases
Searcy v. Idaho State Bd. of Corr., 376 P.3d 750 (Idaho 2016).
“istrict court concluded that the Board had “broad authority to set the State’s policy regarding the control, direction and management of the penitentiaries of the state pursuant to Idaho Constitution, Article X, § 5” and that the Board had “taken appropriate remedial action to…”
Pizzuto v. IDOC, 508 P.3d 293 (Idaho 2022).
“Pizzuto disputed Defendants’ position but argued that if the district court were to find Defendants’ argument persuasive, it should dismiss his complaint without prejudice so he could amend it to allege violation of Idaho Code section 20-212. That statute requires the Board to…”
Barry Searcy v. State Bd of Corr. (Idaho Ct. App. 2015).
“From that same Act, Idaho Code § 20-212 read: The state board of correction shall make all necessary rules and regulations to carry out the provisions of the act not inconsistent with express statutes or the state constitution.”
— Idaho Code § 20-212(2)(b)(i) — 1 case
Barry Searcy v. State Bd of Corr. (Idaho Ct. App. 2015).
“From that same Act, Idaho Code § 20-212 read: The state board of correction shall make all necessary rules and regulations to carry out the provisions of the act not inconsistent with express statutes or the state constitution.”
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