ARC 8184C - Iowa Administrative Rules

Notice of Intended Action

Appeal of decisions, ch 14

Untitled document

ARC 8184C

PAROLE BOARD[205]

Notice of Intended Action

Proposing rulemaking related to appeal of decisions
and providing an opportunity for public comment

The Parole Board hereby proposes to rescind Chapter 14, “Appeal of Decisions,” Iowa Administrative Code, and to adopt a new chapter with the same title.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code chapters 17A, 904A, 906, 908, 914 and 915.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, 2023 Iowa Acts, Senate File 514.

Purpose and Summary

This proposed rulemaking contains revisions to administrative rules based on requirements of Executive Order 10 as well as statutory changes based on 2023 Iowa Acts, Senate File 514. Chapter 14 provides information to the public about the procedures for appealing a decision by the Board or administrative parole judge.

Regulatory Analysis

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on May 29, 2024. A public hearing was held on the following date(s):

●June 18, 2024

Fiscal Impact

This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any.

Public Comment

Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Board no later than 4:30 p.m. on August 27, 2024. Comments should be directed to:

Steven Clarke
Board of Parole
510 East 12th Street
Des Moines, Iowa 50319
Email: steven.clarke@iowa.gov

Public Hearing

Public hearings at which persons may present their views orally or in writing will be held as follows:

August 27, 2024 3:30 to 4 p.m.	Virtual Hearing Room meet.google.com/kbc-trnd-kqd?hs=122&authuser=0
September 3, 2024 3:30 to 4 p.m.	Virtual Hearing Room meet.google.com/kbc-trnd-kqd?hs=122&authuser=0

Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

The following rulemaking action is proposed:

ITEM 1.Rescind 205—Chapter 14 and adopt the following new chapter in lieu thereof:

CHAPTER 14

APPEAL OF DECISIONS

205—14.1(17A) General. An inmate, parolee, or work releasee may appeal any action of the board staff or board that affects that person except a decision to schedule a hearing or a work release transfer hearing decision, any commutation-related action, an appeal decision, or the decision to conduct an appearance by electronic means.

205—14.2(17A) Grounds. The general grounds for an appeal are claims that an action of the board staff or board was:

1.In violation of constitutional or statutory provisions;

2.In excess of the statutory authority of the board;

3.In violation of a board rule;

4.Made upon unlawful procedure;

5.Affected by other error of law;

6.Unsupported by evidence or based on incorrect or incomplete information that, if correct or complete, might have resulted in a different action; or

7.Unreasonable, arbitrary, or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of decision.

205—14.3(17A) Filing an appeal.

14.3(1) An appeal is filed in writing and includes:

a.The nature of the board action that is the subject of the appeal.

b.The particular agency action that is the subject of the appeal.

c.The grounds on which relief is sought.

d.The relief sought.

14.3(2) All grounds should be included in the same appeal, and all necessary documents and information will be attached to the appeal.

14.3(3) The appeal is submitted to the business office. An appeal is received at the parole board office, or postmarked, within ten days of the receipt of notice of the action appealed. The board is not required to consider untimely appeals.

205—14.4(17A) Board review and decision. The board of parole, a designee of the board, or a panel of three or more members of the board will review the appeal. The chairperson, the chairperson’s designee, or the panel may affirm, modify, or reverse the action being appealed or may defer the action for further consideration, including granting the inmate, parolee, or work releasee an appearance before the board. The board will give notice to the inmate, parolee, or work releasee of the board’s decision.

These rules are intended to implement Iowa Code chapter 17A.