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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 written transcript 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) Within one business day of receipt of request for a transcript, the hearings officer shall cause a transcription of the hearing tape 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 10 days, the director's decision to the district court in the county where the parole revocation hearing was held.

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

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