- (a) Submitting Request. When the Department appeal is final, the prisoner may request Board review by following the procedures set forth in §§ 2050-2056, except that the appeal to the Board must be filed within ten days of notification that the Department has denied the appeal.
- (b) Decision. The reviewers may modify, affirm, or reverse the Department's decision, or may order a hearing scheduled.
(c) Hearing Ordered.
- (1) Panel. This hearing is conducted by a panel of three deputy commissioners.
- (2) Prisoner Rights. The prisoner shall have the rights specified in §§ 2245-2252 and 2254-2256. The record of the hearing shall be a tape recording.
- (3) Information Considered. At this hearing, the panel shall consider the record established by the Department, any information submitted by the prisoner under § 2249, and any information elicited at the hearing.
- (4) Decision. The panel may modify, affirm, or reverse the Department's decision.
Note: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 2930-2932, 5076.1 and 5077, Penal Code.
History
1. Amendment of subsection (a) filed 8-12-82; effective thirtieth day thereafter (Register 82, No. 33).
2. Amendment filed 1-20-88; operative 2-19-88 (Register 88, No. 5).
3. Change without regulatory effect amending section and Note filed 10-1-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 40).