12.08.02.11

.11 Notification of an Open Parole Release Hearing Decision.

A. The vote of each member of the Commission on a formal action pertaining to an open parole release hearing, including an action to close or restrict access to the hearing, shall be made available to the general public if:

(1) An interested person submits to the Commission the request in writing; and

(2) The written request contains the inmate's name, place of confinement, institutional identification number, and the date of the open parole release hearing.

B. A request for a decision that meets the requirements of §A of this regulation shall be answered by the Commission, when possible, in writing within 15 days from receipt of the request.

C. When a final formal action is deferred pending the receipt of additional information, or is deferred by a hearing official to permit consideration of the case by the Commission meeting en banc, the request for the parole decision shall be answered by the Commission, when possible, in writing within 15 days of the date that the final formal action is taken.

D. Decision of Hearing Examiner.

(1) The decision of a hearing examiner or a Commission member acting as a hearing examiner on a formal action pertaining to an open parole release hearing, including an action to close or restrict access to the hearing, shall be made available to the general public.

(2) A hearing examiner's decision to close or restrict access to the parole release hearing may be made without the approval of a Commission member.

(3) All other decisions by a hearing examiner constitute a recommendation to the Commission for a final formal action and are subject to approval or disapproval by the Commission.

(4) The recommendation of a hearing examiner is subject to an appeal under COMAR 12.08.01.19.

(5) If an appeal is filed, the decision of the appellate panel of the Commission shall constitute the final formal action.

(6) A request by the general public for the hearing examiner's recommendation or the final formal action resulting from the hearing examiner's recommendation shall be made as provided in this regulation.