Sec. 8006.3. Questions on appeal  


Latest version.
  • (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) 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.