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2018 Alaska Statutes
Title 9. Code of Civil Procedure
Chapter 19. Prisoner and Correctional Facility Litigation Against the State
Sec. 09.19.030. Stay in prisoner disciplinary appeals.
Universal Citation: AK Stat § 09.19.030 (2018)
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.
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