Questions on appeal
Compiled text through May 15, 2022
Register checked through Jul 29, 2026
No later Register activity identified in this check.
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.