Title 9 Part 8006 NYCRR — browse free

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Compiled text through May 15, 2022Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

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9 NYCRR 8006.1 - General

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: May 15, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)An administrative appeal may be taken from a final determination of the Board of Parole regarding a minimum period of imprisonment, parole release, parole rescission or final revocation proceeding.

(b)The administrative appeal process is initiated by the filing of a notice of appeal within 30 days of the date that the incarcerated person/violator or their attorney receives written notice of the final decision from which the appeal is taken. The failure to file a notice of appeal within the aforementioned time limit shall constitute a waiver of the right of appeal by the incarcerated person/violator.

(c)A notice of appeal and subsequent related correspondence, including the document submitted to perfect the appeal, shall be filed with the New York State Board of Parole, Appeals Unit, The Harriman State Campus, Albany, NY 12226.

(d)The notice of appeal shall state the name and State identification number of the incarcerated person/violator; the date of the hearing and, in the case of a final revocation proceeding, the date of the determination; the incarcerated person/violator’s present place of incarceration; and the place where the hearing occurred. While a department form entitled Notice of Appeal is available for use by an incarcerated person/violator, it is not required that said form be utilized to initiate the appeal process.

(e)At the time of the filing of the notice of appeal, the incarcerated person/violator or the attorney therefor may request a copy of the transcript of the proceeding from which the appeal was taken. The appeals unit will obtain the transcript as soon as practicable and forward it to the incarcerated person/violator or their attorney. There shall be a copying charge of 25 cents per page. All other nonconfidential, discoverable documents relating to the appeal may be obtained upon written request to the appropriate department officer, pursuant to section 8000.5(c)(3) of this Title. The time required to obtain, copy and transmit the transcript to the appellant or their counsel shall not extend the time limit within which the appeal shall be perfected, except that such time may be a basis for a request for an extension, in accordance with section 8006.2(a) of this Title.

(f)Each notice of appeal received by the appeals unit will be acknowledged in writing, and the final date to perfect the appeal will be stated thereon.

(g)In any case where an appeal was filed with a court of law pursuant to subdivision (4-a) of section 259-i of the Executive Law from the sustaining of, in a final revocation proceeding, a non-technical violation charge concerning felony or misdemeanor conduct, then:

(1)No notice of administrative appeal from the final revocation proceeding shall be accepted and no such administrative appeal shall be considered while the subdivision (4-a) matter remains pending, or while any appeal or other litigation from the court of law’s decisions therefrom remain open.

(2)Any non-technical violation findings shall not be considered as a subject of administrative appeal to the board pursuant to this Part. Commencement of an appeal pursuant to subdivision (4-a) of any non-technical violation finding constitutes a permanent forfeiture of the right to appeal all non-technical violation findings in the revocation proceeding pursuant to this Part.

(3)Should the subdivision (4-a) matter be commenced subsequent to the filing of a notice of appeal pursuant to this Part, said administrative appeal shall be deemed cancelled upon commencement of the subdivision (4-a) appeal, except, in the board’s discretion, where findings of the Appeals Unit and/or the decision of the board on the administrative appeal have been issued.

(4)A notice of appeal from a final revocation proceeding may be filed and such appeal thereafter considered, with respect to the sustaining of any technical violation charges, following conclusion of the subdivision (4-a) matter and where there is no appeal or litigation from the court of law’s decisions therefrom.

(i)The incarcerated person/violator and their attorney shall assume that no prior notice of administrative appeal or appeal submissions will be considered absent express authorization to the contrary from the Appeals Unit.

(ii)The appeal process shall proceed in all other manner in accordance with the provisions of this Part as though the date of the final conclusion of the subdivision (4-a) matter and any appeal or litigation therefrom constitutes the “written notice” referenced in subdivision (b) of this section, and the notice of appeal must be filed within 30 days of that conclusion.

9 NYCRR 8006.2 - Taking of the appeal

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: May 15, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)The appeal shall be perfected within four months of the date of filing of the notice of appeal, unless an extension is granted by the appeals unit for good cause shown. A request for an extension must be in writing, to the appeals unit, and must be received prior to the final date assigned for the perfection of the appeal.

(b)An appeal is perfected by the filing with the appeals unit of an original and two copies of a brief, letter or other written document that shall state the rulings challenged and shall explain the basis for the appeal.

(c)Each appeal will be reviewed and decided on the basis of the written record. A personal appearance and/or oral argument is expressly prohibited.

(d)Upon the taking of an appeal, an incarcerated person/violator may be represented by counsel. Counsel for an appellant shall file a notice of appearance with the appeals unit, and such notice shall identify the appellant by name and State identification number. Only one appellant shall be named on any notice of appearance.

(e)Once counsel has entered an appearance on behalf of an incarcerated person/violator, the appeals unit will not entertain correspondence from the incarcerated person/violator concerning any aspect of the appeal, unless and until notice is received that counsel has been relieved of the assignment.

(f)If, after the expiration of four months or any period of extension that may have been granted, the appeal is not perfected, it will automatically be dismissed with prejudice.

9 NYCRR 8006.3 - Questions on appeal

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: May 15, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)The following questions may be raised on appeal from a minimum period of imprisonment or release proceeding:

(1)whether the proceeding and/or determination was in violation of lawful procedure, was affected by an error of law, was arbitrary and capricious or was otherwise unlawful;

(2)whether the board member or members making the determination relied on erroneous information as shown in the record of the proceeding, or relevant information was not available for consideration;

(3)whether the determination made was excessive.

(b)The following questions may be raised from a parole rescission or a final revocation determination, subject to the limitation that evidentiary or procedural challenges will be considered only if a timely objection was made at the hearing:

(1)whether the determination was supported by a preponderance of the evidence; and

(2)questions in subdivision (a) of this section.

(c)Subject to the limitations of section 8006.1(g) of this Part, the following questions may be raised from a final revocation determination, except that properly raised evidentiary or procedural challenges will be considered only if a timely objection was made at the hearing:

(1)whether the determination was supported by clear and convincing evidence; and

(2)questions in subdivision (a) of this section

(d)Allegations of newly discovered evidence will not be considered on appeal from a revocation hearing, but must be the subject of an application to the board for a rehearing.

9 NYCRR 8006.4 - Determination of the appeal

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: May 15, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)A properly perfected appeal will be reviewed by the appeals unit, which will thereafter take one of the following actions:

(1)where, in an appeal of a release denial, or in an appeal of a revocation determination wherein the only issue presented relates to the length or propriety of a time assessment imposed, the appeals unit determines that the appeal is moot based upon the release or imminent release from custody of the appellant, the appeals unit will so notify the appellant or counsel therefor of such determination, and said notification will terminate the appeal; or

(2)in all other cases the appeals unit will issue written findings of fact and/or law, and recommend disposition of the appeal. The written findings and recommendation of the appeals unit shall thereupon be mailed to the incarcerated person/violator or, where the appellant was represented by counsel, to the counsel for appellant.

(b)Upon the issuance by the appeals unit of its findings and recommendation the appeal will be presented as soon as practicable to three members of the Board of Parole for determination.

(c)Should the appeals unit fail to issue its findings and recommendation within four months of the date that the perfected appeal was received, the appellant may deem this administrative remedy to have been exhausted, and thereupon seek judicial review of the underlying determination from which the appeal was taken. In that circumstance, the board and department will not raise the doctrine of exhaustion of administrative remedy as a defense to such litigation.

(d)An appeal shall be considered by three members of the Board of Parole, except that any board member who participated in the decision from which the appeal was taken may not participate in the resolution of the appeal. The appeal shall be decided by a majority of the three board members who review the appeal.

(e)The three board members who review the appeal, or a majority thereof, may affirm, modify or reverse the decision.

(f)Factual determinations made by a presiding officer at a rescission hearing shall not be subject to modification or reversal on appeal, unless the majority of the board members who review the appeal concludes that the factual determination was not supported by a preponderance of the evidence. Factual determinations made by a presiding officer at a final revocation hearing shall not be subject to modification or reversal on appeal, unless the majority of the board members who review the appeal concludes that the factual determination was not supported by clear and convincing evidence.

(g)When three reviewing members of the board, or a majority thereof, render a determination, reasons for such decision shall be provided when such decision is at variance with the recommendation of the appeals unit.

(h)When three reviewing members of the board, or a majority thereof, reverse or modify a determination, they shall direct the action to be taken, except that, should they determine that the time assessment imposed at a release proceeding was excessive, they shall direct a rehearing.

(i)Upon disposition of an appeal by three reviewing members of the board, a copy of such decision shall be mailed to the incarcerated person/violator and counsel therefor.

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