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16 CAR § 22-501. Waiver appeal request
16 CAR § 22-501. Waiver appeal request.
(a) Waiver granted.
(1) If a waiver of the revocation hearing is granted, the offender may subsequently appeal the waiver to the Post-Prison Transfer Board.
(2) See Arkansas Code §§ 16-93-705(c)(1)(B) and 16-93-1908(c)(1)(B).
(b) Notification.
(1) The offender shall be provided notice of his or her right to appeal the waiver of a revocation hearing.
(2) This notification of the right to file an appeal will be provided in the waiver document.
(c) Filing an appeal.
(1) Appeals must be filed within a specified time frame, and the offender must abide by the following procedural requirements as set forth by the board.
(2) An offender or his or her attorney may appeal the waiver of the revocation hearing by submitting a written appeal to the board.
(3) The appeal will be considered as having been duly filed once it is received at the current mailing address of the Post-Prison Transfer Board, Waiver Appeal Department.
(4) The appeal must be made in writing by the offender or his or her attorney to the board within thirty (30) days from the date the revocation hearing waiver was signed by the offender unless the time period or other requirements are waived by the board.
(5) In the written appeal, the offender or his or her attorney may request:
(A) A review of the revocation hearing waiver only; and
(B) That the waiver be rescinded and a revocation hearing be scheduled.
(d) The filing of an appeal will not preclude the transport of the offender to a residential treatment program or the Department of Corrections.
(e) All appeals must meet the guidelines as set forth in this section to be considered valid for review by the board.