§ 902. Appeal Hearing Procedure.

(a) An opportunity for appeal to the Board of Corrections under Section 900 of these regulations is available to any potential appellant provided the potential appellant has exhausted the appeal hearing procedure of the Youth Authority as described in Title 15, California Administrative Code, Section 4200 et seq.

(b) The request for appeal hearing to the Board of Corrections shall be filed within 30 days after a county has received a notice of decision from the director of the Youth Authority pursuant to 15 Cal. Adm. Code 4202. The date of the action on which the request for appeal hearing is based shall be the date on which the notice of decision was received by the appellant.

(c) The request for appeal hearing shall be in writing, and:

(1) state the basis for the appeal;

(2) state the action being requested from the Board; and,

(3) attach copies of correspondence with and from the Youth Authority concerning the violation. A copy of the request for appeal hearing shall be provided to the director of the Youth Authority

(d) A request for appeal hearing shall not be dismissed without hearing unless the appellant either withdraws or abandons the request. A withdrawal occurs when the Board is notified by the appellant that the appellant no longer wishes a hearing. The appellant may withdraw a request for hearing at any time before a decision is made by the Board. An abandonment occurs when the appellant fails to appear at the hearing without good cause or fails to provide within 10 days written information requested by the Board.

(e) Appeal hearing matters shall be set for hearing, heard, and disposed of by a notice of decision within 60 days from the date of the request for appeal hearing, except in those cases where the appellant withdraws or abandons the request for hearing or the matter is continued for what is determined by the hearing panel to be good cause.

(f) The hearing shall be conducted at a reasonable time, date, and place, but not later than 21 days after the filing of the request for hearing with the Board, unless delayed for good cause. The Board shall mail or deliver to the Youth Authority and the appellant or authorized representative a written notice of the time and place of hearing not less than 7 days prior to the hearing.

(g) The procedural time requirements may be waived with mutual consent of the parties involved.

(h) Pertinent and relevant information, whether written or oral, will be accepted from the appellant and from the Department of the Youth Authority.

(i) After the hearing has been completed, the hearing panel shall submit a proposed decision to the Board of Corrections at its next regular public meeting.

(j) An appellant may waive a personal hearing before the Board of Corrections, and under such circumstances, the Board shall consider the written information submitted by the appellant, the hearing panel, and other relevant information as may be deemed appropriate.

(k) The Board of Corrections, after receiving the proposed decision, may:

(1) adopt the proposed decision;

(2) decide the matter on the record with or without taking additional evidence; or,

(3) order a further hearing to be conducted if additional information is needed to decide the issue.

(l ) After the hearing panel's proposed decision is adopted, or an alternate decision is rendered by the Board, or notice of new hearing ordered, notice of such action shall be mailed or otherwise delivered by the Board to the appellant and to the Department of the Youth Authority.

(m) The record of the testimony and exhibits, together with all papers and requests filed in the proceedings and the hearing panel's proposed decision, shall constitute the exclusive record for decision and shall be available to the appellant and to the Department of the Youth Authority at any reasonable time for one year after the date of the Board's notice of decision in the case.

Note

Note: Authority cited: Section 6030, Penal Code. Reference: Sections 6030, 6031, 6031.1, 6031.2 and 6031.4, Penal Code.