Department of Corrections v. Adams

THOMPSON, Judge.

The Department of Corrections (DOC) appeals a final administrative order declaring that Baker Correctional Institution’s (BCI) Institutional Operating Procedure (IOP) 78-G-7 was invalid. We reverse.

The appellees, inmates at BCI, filed a petition to determine the invalidity of a rule and alleged, inter alia, that BCI’s IOP 78-G-7 was an unpromulgated and therefore invalid rule. The IOP provides in pertinent part as follows:

Visiting or regular visitors will be either Saturday or Sunday, but not both days....

The hearing officer agreed and found that IOP 78-G-7 was an…