N.J. Admin. Code § 10A:71-4.2

Current through Register Vol. 56, No. 9, May 6, 2024

Section 10A:71-4.2 - Appellate procedure

(a) All appeals submitted pursuant to 10A:71-4.1 shall be filed in writing and within 90 days of written notice action or decision being received by the inmate and shall contain the reasons for the appeal and the criteria under which the appeal is submitted. An appeal submitted pursuant to 10A:71-4.1(i) (failure to provide timely Board panel hearing) shall include reference to the inmate's actual parole eligibility date as established by the Board's staff.

(b) An appeal filed beyond the time period specified in (a) above shall be considered by the Board panel, Board, or Chairperson, as appropriate, on its merits, if it is determined by the Board panel, Board, or Chairperson, as appropriate, that the filing of the appeal was delayed for good cause. Good cause exists in circumstances where it is shown that:

1. The delay in filing the appeal was due to circumstances beyond the control of the inmate; or

2. The inmate delayed filing the appeal for circumstances that could not have been reasonably foreseen or prevented.

(c) Appeals filed by inmates shall be considered by the Board panel, Board or Chairperson, as appropriate, within 90 days of the date the appeal was received.

(d) The Chairperson or Board panel member shall notify the inmate in writing of the decision within 14 days of such decision.

(e) An appeal filed by an inmate pursuant to 10A:71-4.1(i) (failure to provide timely Board panel hearing) shall be considered by the Chairperson and a written notification of the Chairperson's decision provided to the inmate within 45 days of the date of the appeal being received.

(f) In the case of an appeal filed by an inmate pursuant to 10A:71-4.1(i) (failure to provide timely Board panel hearing), the failure of the Chairperson to provide written notification of a decision within 45 days of the date the appeal was received shall be deemed a denial of the appeal. A denial shall constitute a final agency decision.

(g) The Board panel, Board or Chairperson, as appropriate, may affirm, modify or reverse the decision being appealed, or may remand the case to the Board's staff, hearing officer, Board member or Board panel for further consideration.

N.J. Admin. Code § 10A:71-4.2

Amended by 48 N.J.R. 2612(b), effective 12/5/2016