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Current as of January 01, 2025 | Updated by Findlaw Staff
A superior court that reviews a disciplinary decision of the Department of Corrections as an administrative appeal may not enter an order staying disciplinary sanctions unless the pleadings filed by the prisoner establish by clear and convincing evidence that the prisoner has alleged a violation of a fundamental constitutional right and is likely to succeed on the merits in the appeal, that the prisoner faces irreparable harm if a stay is not granted, that the Department of Corrections can be adequately protected if a stay is granted, and that a stay will not adversely affect the public interest in effective penal administration.
Cite this article: FindLaw.com - Alaska Statutes Title 9. Code of Civil Procedure § 09.19.030. Stay in prisoner disciplinary appeals - last updated January 01, 2025 | https://codes.findlaw.com/ak/title-9-code-of-civil-procedure/ak-st-sect-09-19-030/
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