2005 Idaho Code - 20-212 — RULES -- AUTHORITY OF BOARD

                                  TITLE  20
                        STATE PRISON AND COUNTY JAILS
                                  CHAPTER 2
                          STATE BOARD OF CORRECTIONS
    20-212.  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, 67-5291 and 67-5292, 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  which
         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,
accompanied by the full text of the rule under consideration in legislative
format, as well as a statement of the substance of the intended action, to the
director of legislative services. If the rulemaking is based upon 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.