Alaska Administrative Code
Title 22 - Department of Corrections
Chapter 05 - Adult Facilities
Article 6 - Discipline
22 AAC 05.450 - Disciplinary tribunal

Universal Citation: 22 AK Admin Code 22 AAC 05.450

Current through August 30, 2024

(a) A disciplinary hearing held under 22 AAC 05.400 - 22 AAC 05.480 shall be heard by a disciplinary tribunal appointed by the superintendent. A single hearing officer or a three-person disciplinary committee may be appointed as a disciplinary tribunal. The superintendent shall appoint a single hearing officer as the disciplinary tribunal to hear a disciplinary action unless the superintendent determines appointment of a three-person disciplinary committee is necessary because the disciplinary report concerns an alleged major infraction under 22 AAC 05.400(b).

(b) A person is disqualified from serving as a hearing officer or disciplinary committee member if the person

(1) wrote the disciplinary report concerning the alleged rule violation;

(2) investigates or assists in the investigation of the alleged rule violation;

(3) has knowledge of the facts of the event or incident which form the basis for the disciplinary report unless the facts of the incident have become common knowledge in the facility; in that case, the person may serve on the disciplinary tribunal if the person has no direct involvement in the incident and can decide the adjudicative phase of the hearing solely on the facts presented at the hearing;

(4) is assigned to review the decision of the disciplinary tribunal;

(5) is a witness to the alleged infraction; or

(6) cannot, for any reason, remain impartial toward the prisoner.

Authority:AS 33.20.050

AS 33.30.011

AS 33.30.021

AS 44.28.030

Disclaimer: These regulations may not be the most recent version. Alaska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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