22 AAC 05.260. Appeals procedure

(a) A classification committee action that does not require review by the superintendent may be appealed only to the superintendent unless the superintendent has exercised discretionary authority to modify the classification action under 22 AAC 05.216(d) .

(b) Except as provided in (c) of this section, a classification action by a superintendent may be appealed only to the regional director, except for a denial of or removal from a furlough, which may be appealed to the deputy commissioner if the regional director denies the appeal.

(c) Notwithstanding (b) of this section, the result of a classification hearing, the purpose of which was the consideration of a transfer of a prisoner, may be appealed only to the deputy commissioner. The appeal must be made within five working days after the prisoner receives notice of the decision or after the transfer, whichever occurs first.

(d) Except as provided in 22 AAC 05.254(c) and 22 AAC 05.256(e) , an appeal must be submitted by a prisoner within five working days after receiving notice of the decision through a facility staff member designated by the superintendent for the purpose. If a valid reason for delay is stated by a prisoner, this time limit may be extended. With the exception of a transfer to a facility outside Alaska, a classification action may be commenced pending an appeal.

(e) Once an appeal has been filed and received, a response must be made as follows:

(1) appeal to superintendent - response within five working days;

(2) appeal to regional director - response within 15 working days; and

(3) appeal to deputy commissioner - response within 15 working days.

(f) The appropriate official's failure to respond within the time limits set out in (e) of this section must be considered a denial of the appeal. However, a late response granting an appeal is valid.

(g) For purposes of appeal, a prisoner may have access to the tape recording of a disciplinary or classification hearing, except that the portion of a tape which contains the testimony of an informant must be summarized in as much detail as possible so as not to place the informant in danger, and the summary must be made available to the prisoner.

History: Eff. 9/10/77, Register 63; am 11/3/84, Register 92; am 1/9/87, Register 101

Authority: AS 33.30.011

AS 33.30.021

AS 44.28.030

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