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In re Agency's Finding of Fact, Conclusions of Law and Final Order Regarding Sex Offender Registration

Court of Appeals of Idaho

September 29, 2017

In the Matter of the Agency's Finding of Fact, Conclusions of Law and Final Order Regarding Sex Offender Registration.
v.
STATE OF IDAHO, Respondent. TRAVIS DAVID KNOX, Petitioner-Appellant,

         2017 Opinion No. 47

         Appeal from the District Court of the Second Judicial District, State of Idaho, Nez Perce County. Hon. Jay P. Gaskill, District Judge.

         Order of the district court affirming the Idaho Central Sex Offender Registry's final order, affirmed.

          Clark and Feeney; Kate A. Hawkins, Lewiston, for appellant.

          Hon. Lawrence G. Wasden, Attorney General; Cheryl Rambo, Deputy Attorney General, Meridian, for respondent.

          GRATTON, Chief Judge.

         Travis David Knox appeals from the district court's order affirming the Idaho Central Sex Offender Registry's final order. The final order determined that Knox must register as a sex offender for as long as he lives in Idaho because his sex offense convictions in Oregon are equivalent to an aggravated offense in Idaho. We affirm.

         I.

         FACTUAL AND PROCEDURAL BACKGROUND

         In 2002, Knox was convicted in Oregon of rape in the third degree, Oregon Revised Statutes § 163.3551, [1] and sexual abuse in the second degree, Or. Rev. Stat. § 163.425.[2] In 2003, Knox moved to Lewiston, Idaho. He registered as a sex offender in Idaho. On June 2, 2015, Knox filed a petition for release from registration requirements and expungement of his record.[3] However, on August 5, 2015, in a separate action, the Idaho Central Sex Offender Registry (Registry), an Idaho State Police agency, issued a final order pursuant to Idaho Code §§ 18-8304(1)(b), 18-8304(4) and Idaho Administrative Procedures Act (IDAPA) 11.10.03.000-012 determining that Knox's sex offense convictions in Oregon were substantially equivalent to I.C. § 18-1508, lewd conduct with a minor under sixteen.[4] The final order further determined the convictions are equivalent to an aggravated offense pursuant to I.C. § 18-8303(1). As a result, Knox is required to continue registration as a sex offender for as long as he resides in Idaho. On September 4, 2015, Knox sought judicial review of the Registry's final order by the district court. The district court affirmed the Registry's final order. Knox timely appeals.

         II.

         ANALYSIS

         A. Jurisdiction

         As an initial matter, the Registry argues that the district court lacked jurisdiction to rule on Knox's petition for judicial review of the agency's final order because he failed to timely file it. Thus, the Registry avers, the district court erred in denying the Registry's motion to dismiss. Idaho Code § 67-5273(2) states that a petition for review of a final order "must be filed within twenty-eight (28) days of the service date of the final order." The filing of a petition for judicial review within the time permitted by statute is jurisdictional. Grand Canyon Dories, Inc. v. Idaho State Tax Comm'n, 121 Idaho 515, 516, 826 P.2d 476, 477 (1992). Idaho Administrative Procedures Act Rule 04.11.01.055 sets forth the rules the agency must follow for service. The rule allows the agency to serve documents by regular mail to the party's last known mailing address. However, the rule also requires service must be made on the representatives of each party.

The officer designated by the agency to serve documents in a proceeding must serve all orders and notices in a proceeding on the representatives of each party designated pursuant to these rules for that proceeding and upon other persons designated by these rules or by the agency.

IDAPA 04.11.01.055.04.

         As stated above, on August 5, 2015, the Registry issued its final order and Knox filed a petition for judicial review thirty days later, on September 4, 2015. The Registry's final order was sent to Knox's home address. The Registry had notice that Knox was represented by counsel because approximately two months earlier, the Registry had received the petition for release from registration requirements and expungement of record from Knox's counsel. There is nothing in the record to indicate that, in addition to sending the final order to Knox's home address, the Registry served the final order on Knox's counsel. Where service was not made on Knox's representative, the twenty-eight-day period to appeal did not run and this Court has jurisdiction to hear the matter.

         B. ...


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