ARC 8446C - Iowa Administrative Rules

Adopted and Filed

Appeal of decisions, ch 14

Untitled document

ARC 8446C

PAROLE BOARD[205]

Adopted and Filed

Rulemaking related to appeal of decisions

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

Legal Authority for Rulemaking

This rulemaking is adopted 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 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.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on August 7, 2024, as ARC 8184C. A public hearing was held on the following date(s):

●August 27, 2024

●September 3, 2024

No one attended the public hearings. No public comments were received. No changes from the Notice have been made.

Adoption of Rulemaking

This rulemaking was adopted by the Board on November 14, 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.

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).

Effective Date

This rulemaking will become effective on January 15, 2025.

The following rulemaking action is adopted:

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.

[Filed 11/15/24, effective 1/15/25]

[Published 12/11/24]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 12/11/24.