Iowa Admin. Code r. 205-11.8

Current through Register Vol. 47, No. 10, November 13, 2024

Rule 205-11.8 - Appeal or review

The order of the administrative parole judge shall become the final decision of the board unless, within ten days of the date of the decision, the parole violator appeals the decision or a panel of the board reviews the decision on its own motion.

(1)General. On appeal or review of the judge's decision, the chairperson or board panel's designee has all the power which the administrative parole judge would have in initially making the revocation hearing decision. The record on appeal or review shall be the record made at the parole revocation hearing conducted by the administrative parole judge. Appeals must be received at the parole business office or postmarked by the applicable date or they will not be considered. An order continuing disposition or an order finding probable cause to believe an interstate compact parolee violated parole conditions is not a final order and therefore is not appealable. The board shall give notice of its decision to the parolee.

(2)Grounds. All grounds shall be included in the same appeal, and all necessary documents and information shall be attached to the appeal. The general grounds for an appeal include that the board action is:

a. In violation of constitutional or statutory provisions;

b. In excess of the statutory authority of the board;

c. In violation of a board rule;

d. Made upon unlawful procedure;

e. Affected by other error of law;

f. Unsupported by evidence or based on incorrect or incomplete information which, if correct or complete, might have resulted in a different action; or

g. Unreasonable, arbitrary, capricious, or characterized by an abuse of discretion or a clearly unwarranted exercise of decision.

(3)Filing an appeal. An appeal shall be filed in writing and shall state:

a. The particular action which is the subject of the appeal.

b. The grounds on which relief is sought.

c. The relief sought.

Iowa Admin. Code r. 205-11.8

Amended by IAB August 30, 2017/Volume XL, Number 5, effective 10/4/2017

Amended by IAB April 5, 2023/Volume XLV, Number 20, effective 5/10/2023