<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".07" citation="COMAR 12.03.01.07" title_num="12" subtitle_num="03" chapter_num="01" heading="Pre-Disciplinary Proceeding Procedure — Hearing Docket.">
  <paragraph num="A.">
    <text>The facility managing official, or a designee, shall ensure that:</text>
    <paragraph num="(1)">
      <text>Staff is designated to establish a hearing docket to schedule the appearance of a defendant before the hearing officer for a preliminary hearing; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The preliminary hearing is scheduled to occur within 7 business days of service of Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form on the defendant.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Staff may not schedule a defendant’s preliminary hearing to occur within 24 hours of service of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form on the defendant, except if the defendant:</text>
    <paragraph num="(1)">
      <text>Elects to waive the right to at least 24 hours of notice in order to prepare; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Is scheduled to be released from the custody of the Department before the expiration of the required 24 hour notice, in which case the appearance of the defendant shall be scheduled prior to the defendant’s release, with as much time as practicable prior to the scheduled appearance to permit the defendant to prepare a defense regarding the inmate rule violation charged.</text>
    </paragraph>
  </paragraph>
</regulation>