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(a) Failure of the board or a department employee to follow the regulations set out in this chapter does not invalidate an action by the board absent a showing of demonstrable prejudice by the prisoner/parolee, as determined by the board. Serving additional time in custody does not itself constitute demonstrable prejudice.
(b) A prisoner/parolee who makes a showing of demonstrable prejudice as set out in (a) of this section may request a special review of the case in accordance with 22 AAC 20.190. The board will, in its discretion, grant a special review if, when considering the record as a whole, it determines the prisoner/parolee suffered demonstrable prejudice.
History: Eff. 1/30/91, Register 117
Authority: AS 33.16.060
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Last modified 7/05/2006