(1) After the petition is filed a parole revocation hearing must be held to determine whether the alleged parole violation occurred unless the juvenile parolee waives his/her right to a parole revocation hearing. If the juvenile parolee is held in detention as described under WAC
275-30-030, the administrative law judge must hold the hearing within seventy-two hours (excluding Saturdays, Sundays, and holidays) of the petition being served. Otherwise the administrative law judge must hold a hearing no sooner than seven days after the petition is served, but no later than fourteen days after the petition is served.
(2) At the parole revocation hearing, the juvenile may waive the right to be represented by an attorney. A juvenile waiving the right to an attorney may either contest or agree to the parole revocation.
(3) The administrative law judge must:
(a) Conduct a parole revocation hearing in accordance with chapter
10-08 WAC except as otherwise indicated in these rules;
(b) Grant the parole revocation petition if the administrative law judge finds, by a preponderance of the evidence, the violation occurred and the violation warrants revocation;
(c) Order the relief requested in the petition, if the parole revocation petition is granted;
(d) Issue an oral decision immediately following the parole revocation hearing;
(e) Issue a written decision within forty-eight hours of the hearing; and
(f) Provide a copy of the decision to the juvenile parole officer, the juvenile parolee and his/her attorney, the juvenile parolee's parent/guardian, and the department. The administrative law judge’s decision shall constitute a final administrative decision.
[WSR 19-14-079, recodified as § 110-740-0060, filed 7/1/19, effective 7/1/19. Statutory Authority: RCW
13.40.020,
13.24.010. WSR 00-17-046, recodified as § 388-740-0060, filed 8/7/00, effective 8/27/00. Statutory Authority: RCW
72.01.090,
72.05.130 and
13.40.210. WSR 99-03-077, § 275-30-060, filed 1/19/99, effective 2/19/99. Statutory Authority: RCW
13.40.210. WSR 90-22-072 (Order 3091), § 275-30-060, filed 11/6/90, effective 12/7/90; WSR 88-20-083 (Order 2709), § 275-30-060, filed 10/5/88.]