In the Matter of the Agency's Finding of Fact, Conclusions of Law and Final Order Regarding Sex Offender Registration.
STATE OF IDAHO, Respondent. TRAVIS DAVID KNOX, Petitioner-Appellant,
Opinion No. 47
from the District Court of the Second Judicial District,
State of Idaho, Nez Perce County. Hon. Jay P. Gaskill,
of the district court affirming the Idaho Central Sex
Offender Registry's final order, affirmed.
and Feeney; Kate A. Hawkins, Lewiston, for appellant.
Lawrence G. Wasden, Attorney General; Cheryl Rambo, Deputy
Attorney General, Meridian, for respondent.
GRATTON, Chief Judge.
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.
AND PROCEDURAL BACKGROUND
2002, Knox was convicted in Oregon of rape in the third
degree, Oregon Revised Statutes § 163.3551,
sexual abuse in the second degree, Or. Rev. Stat. §
163.425. 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. 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. 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.
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
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.
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.