Current through Register Vol. 43, No. 39, September 26, 2024
(a) The
disciplinary administrator or hearing officer may grant one or more
continuances or recesses of reasonable length upon application of the offender,
reporting officer, or juvenile justice authority for cause shown.
(b) The hearing officer may also continue the
case for a reasonable period, as necessary, subject to the review of the status
of the case every 30 days, if any one of the following conditions is met:
(1) The offender or the reporting employee is
unable to appear for medical or psychiatric reasons as certified by the
facility or other licensed physician or psychiatrist.
(2) There is a delay to await determination
of whether the case will go to trial in a court of law or to await the outcome
of a trial.
(3) There is an
unavoidable delay to await the return of evidence from an analysis laboratory.
(4) The offender is temporarily
transferred outside the facility setting and is expected to return after a
brief absence.
(5) The offender is
on "escape" status. At the hearing officer's discretion, the case may be
dismissed or heard in absentia on the record, unless the offender has been
apprehended and is available at a known location for return to the physical
custody of the juvenile justice authority for the hearing within six months.
(c) To obtain a
continuance in advance of the hearing, the requesting party shall make the
request to the hearing officer or to the disciplinary administrator. If there
is a hearing officer appointed for the case, the request shall be forwarded to
that officer.
(1) Reasonable extensions may
be obtained with the prior approval of the commissioner or the commissioner's
designee, in the case of a substantial disruption of order in the facility.
(2) If an offender has been
transferred to another facility, it shall be the responsibility of the
superintendent of the sending facility to grant an extension of the
disciplinary case. This extension shall not exceed 10 working days.
(3) The facts justifying an extension shall
be examined, fully documented, and approved personally by the superintendent.
(4) At the discretion of the
hearing officer, one or more recesses of appropriate and reasonable length may
be declared.
This regulation shall be effective on and after April 8, 2005.
