New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle E - Office of Children and Family Services
Part 169 - Release And Return
Section 169.8 - The decision
Current through Register Vol. 46, No. 12, March 20, 2024
(a) The hearing officers shall issue a decision determining whether the releasee has knowingly violated any of the conditions of his release as alleged. The hearing officer's decision shall be based upon substantial evidence presented at the hearing. Where substantial evidence is found to exist, the hearing officer shall order revocation of release. Where the hearing officer finds that there is no substantial evidence upon which the allegation is based, the hearing officer shall order the return of the releasee to the community under continued aftercare supervision.
(b) The hearing officer, on motion of the releasee or his representative, or on his own motion, may order a releasee returned to the community under continued aftercare supervision at the time of the hearing where there is no evidence to support the allegations presented at the hearing.
(c) In all cases, a written decision shall be served upon the parties to the proceedings within four days following the hearing.
(d) Notice of revocation of release shall also be sent to the Family Court which placed the releasee.
