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20.9.311    APPEAL

(1) The youth may appeal the hearings officer's decision to the department director by submitting a notice of appeal and any additional information within five days of the hearing. Upon request of the youth to the department, the youth may receive a copy of the recording of the hearing. The director or director's designee shall review the record and grant or deny the appeal within five days of receipt of the appeal.

(2) As soon as possible following receipt of request for a copy of the recording of the hearing, the hearings officer shall provide copies of the hearing recording to be made and submitted to the youth and to the department director.

(3) Within five days of receipt of the appeal, the department director shall review the decision of the hearings officer and determine whether the decision is supported by a preponderance of the evidence. The director shall either affirm the decision or vacate the decision.

(4) The statement shall contain notice to the youth of the youth's right to appeal, within ten days, the director's decision to the district court in the county where the parole revocation hearing was held and the youth's right to have a written transcript of the hearing if the youth appeals the decision to district court.

(5) Within a reasonable time of notice of the youth's appeal to district court, the department will furnish a transcript of the revocation hearing to the youth's attorney.

History: 52-5-102, 52-5-129, MCA; IMP, 52-5-102, 52-5-126, 52-5-127, 52-5-128, 52-5-129, MCA; NEW, 2003 MAR p. 108, Eff. 1/31/03; AMD, 2011 MAR p. 1821, Eff. 9/9/11.

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