Section 381-100-130 - Administrative review(1) Following receipt of the notice of violation report, a board hearing officer will conduct an administrative review within 15 working days of the board's receiving notice of the individual's alleged violation under WAC 381-100-055 to determine the next board action.(2) The individual and/or attorney may submit information in writing that the board shall consider in an administrative review within 15 days from the notice of the alleged violations occurring in WAC 381-100-055.(3) The board will notify the community corrections officer if the next action is to reinstate or conditionally release the individual.(4) If the next board action is to retain the individual in custody pending a violation hearing, the hearing officer shall:(a) Appoint defense counsel for the individual. (i) Prior to the violation hearing, the individual may request appointment of new counsel for good cause, such as appointed counsel's actual conflict of interest, irreconcilable conflict between attorney and the individual, or a complete breakdown in communication between attorney and the individual.(ii) The individual's loss of confidence in appointed counsel, a disagreement over strategy, or a breakdown in communication caused by the individual is insufficient to constitute good cause;(b) Notify the community corrections officer, the attorney general's office, and defense counsel of the probable cause findings for each of the alleged violations;(c) Request that the community corrections officer electronically provide any served documents as well as discovery material to the attorney general's office, defense counsel, and the ISRB immediately.Wash. Admin. Code § 381-100-130
Amended by WSR 24-12-050, Filed 5/31/2024, effective 7/1/2024Statutory Authority: RCW 34.05.220(1)(b). 09-08-109, § 381-100-130, filed 3/31/09, effective 5/1/09.