Current through Register Vol. 51, No. 19, September 20, 2024
A. Only the Secretary, or a designee, or a court of proper jurisdiction may disturb the decision concerning an inmate rule violation charged and:
(1) Reverse the decision of the hearing officer regarding the inmate rule violation charged: and
(2) Remand the case for a de novo or a new disciplinary proceeding under this regulation.
B. The managing official, or a designee, when conducting a review of the hearing officer's decision or a decision previously reviewed by a managing official, or a designee, may, without regard for a procedure or time requirement under this chapter:
(1) Appeal the hearing officer's decision regarding the inmate rule violation charged to the Secretary, or a designee, regardless of the date of the decision or if previously reviewed by a managing official; and
(2) Request the Secretary, or a designee, to reverse the hearing officer's decision and remand the inmate rule violation charged for a de novo or a new disciplinary proceeding under this regulation.
C. The Secretary, or a designee, upon receipt and review of the managing official's, or a designee's, appeal may approve or disapprove the managing official's, or a designee's, recommendation to reverse the hearing officer's decision and remand the case for a de novo or a new disciplinary proceeding under this regulation:
(1) If the Secretary, or a designee, disapproves the managing official's, or a designee's, recommendation, the:
(a) Secretary, or a designee, shall notify the managing official, or a designee, that the hearing officer's decision is affirmed; and
(b) Managing official, or a designee, shall notify the defendant of the Secretary's, or a designee's, decision.
(2) If the Secretary, or designee, approves the managing official's, or a designee's, recommendation, the:
(a) Hearing officer's decision is considered to be reversed; and
(b) Inmate rule violation charged is to be scheduled for a de novo or a new disciplinary proceeding.
D. When the disciplinary proceeding is remanded for a de novo disciplinary proceeding, the managing official, or a designee, shall:
(1) Notify the defendant of the Secretary's, or a designee's, decision;
(2) Ensure that the defendant is scheduled for a remanded disciplinary proceeding;
(3) Notify staff that the disciplinary proceeding is heard de novo unless ordered otherwise by the Secretary, or a designee; and
(4) Ensure that the remanded disciplinary proceeding is not heard by the original hearing officer of record unless otherwise ordered by the Secretary, or a designee.
E. Rehearing Procedure.
(1) Within 7 business days of the managing official's, or a designee's, notification of a Secretary's order or order of a court that the inmate rule violation charged was remanded for a de novo or a new disciplinary proceeding under this regulation, staff shall:
(a) Provide the defendant with a copy of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form regarding the remanded inmate rule violation charged;
(b) Provide the defendant the opportunity to request representation, a witness, or evidence at service; and
(c) Schedule the defendant for a disciplinary proceeding.
F. Except for the 7 business day time frame for service of the remand order on the defendant, the time and procedure requirements of this chapter shall govern the disciplinary proceeding and post disciplinary proceeding phases conducted as a remanded hearing in accordance with this regulation.
G. The managing official, or a designee, may appeal the hearing officer's decision of the remanded disciplinary proceeding in accordance with the procedures under this chapter.
H. The defendant may appeal the hearing officer's decision of the remanded disciplinary proceeding in accordance with the procedures under this chapter.
