Kentucky Parole Board v. Timothy Shane

Summary

The court held that the Kentucky Parole Board may delegate final parole-revocation factfinding to administrative law judges while retaining ultimate authority to revoke parole. Due process nevertheless requires a procedure allowing parolees to submit exceptions to the ALJ’s findings so the Board can attain full awareness of the evidence and mitigation before deciding revocation. The court applied the public-interest exception to mootness to review the delegation issue, reversed the judgment in Hodge, and affirmed the appellate judgment in Shane.