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(a) The board will reconsider a decision denying an application for discretionary parole release only for the following reasons:
(1) the decision by the board was not supported by the reasons or facts stated by the board, and clarification or correction would, in the opinion of the board, likely lead to a different decision;
(2) the decision was based upon incorrect or faulty information and the correction would, in the opinion of the board, likely lead to a different decision;
(3) the board did not follow its prescribed procedures in making its decision and following the prescribed procedures would, in the opinion of the board, likely lead to a different decision; or
(4) there was significant information not available to the applicant at the time of the hearing through no fault of the applicant and that information would, in the opinion of the board, likely lead to a different decision.
(b) An applicant who wishes to have the board reconsider its decision not to grant parole must advise the board of the applicant's intent and reasons for the request as set out in this subsection. A request for reconsideration must be mailed to the board office, on a form made available to the prisoner by the department, within 30 days after the date of the written notice denying parole. The reasons for the request must be included on the form along with all supporting information. Additional material may be attached to the form if considered relevant by the applicant.
(c) The burden of providing information in support of the request rests solely with the applicant.
History: Eff. 1/30/91, Register 117; am 3/29/2003, Register 165
Authority: AS 33.16.060
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Last modified 7/05/2006