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16 CAR § 22-402. Revocation appeal review
16 CAR § 22-402. Revocation appeal review.
(a) Post-Prison Transfer Board review.
(1) The Post-Prison Transfer Board will review the appeal, considering the evidence and grounds presented by the offender or his or her attorney.
(2) The appeal shall be presented to the board as soon as practicable after it is received.
(3) The appeal will be screened, reviewed, and presented to the board for review.
(b) Board decision. Upon consideration of the appeal, the board may decide to:
(1) Affirm the decision of the revocation hearing judge;
(2) Reverse the decision of the revocation hearing judge;
(3) Amend or revise the decision of the revocation hearing judge; or
(4) Schedule an appearance by the offender before the board for further consideration.
(c) Board appearance. If the offender is scheduled to appear before the board, he or she will be afforded the same rights that he or she was afforded at the revocation hearing.
(d) Board member recusal. If the revocation hearing was conducted by a member of the board, that board member shall not consider the appeal of the revocation decision.
(e) Final decision. The board shall issue a final decision on the appeal, which shall be:
(1) Communicated to the offender; and
(2) Documented in his or her supervision file.
(f) Subsequent appeal.
(1) The offender may file a subsequent appeal if he or she can demonstrate that there has been a material change in evidence, charge, or other good cause.
(2) If the offender cannot demonstrate that there has been a material change in evidence, charge, or other good cause, a subsequent appeal will not be considered by the board.