Section 2449.6 - Vacating a Decision(a) If at any time prior to release an inmate previously approved for release under Section 2449.4 is subsequently determined to no longer be eligible for parole consideration under Section 3491 of Division 3 of this title, the Chief Hearing Officer or an associate chief deputy commissioner shall issue a written decision vacating the previous decision that includes a statement of reasons supporting the new decision.(b) Within 15 business days of issuing a decision under subsection (a), a copy of the decision shall be served on the inmate and placed in the inmate's central file. The board shall, within five business days of issuing a decision under subsection (a), send notice of the decision to any victim who was registered at the time of the referral and any prosecuting agency or agencies that received notice under Section 2449.3.(c) Inmates may request review of a decision issued under this section by writing the board as provided in Section 2449.7 within 30 calendar days of being served the decision. Decisions under this section are not subject to the department's inmate appeal process under Article 8 of Chapter 1 of Division 3 of this title.Cal. Code Regs. Tit. 15, § 2449.6
1. New section filed 5-1-2018; operative 5-1-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 18).
2. Amendment filed 9-10-2019 as an emergency; operative 9-10-2019 (Register 2019, No. 37). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-18-2020 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 9-10-2019 order, including amendments, transmitted to OAL 2-13-2020 and filed 3-26-2020; amendments effective 3-26-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 13). Note: Authority cited: Cal. Const., art. 1, sec. 32(b). Reference: Cal. Const., art. 1, sec. 32(a).
1. New section filed 5-1-2018; operative 5/1/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 18).
2. Amendment filed 9-10-2019 as an emergency; operative 9/10/2019 (Register 2019, No. 37). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-18-2020 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 9-10-2019 order, including amendments, transmitted to OAL 2-13-2020 and filed 3-26-2020; amendments effective 3/26/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 13).