Regulation .11 Disciplinary Proceeding Procedures — Hearing Officer.
Regulation .11 Disciplinary Proceeding Procedures — Hearing Officer.LinkCopy Citation
A.
Hearing Officer. The hearing officer, as the fact finder, shall be fair and impartial and may:
(1)
Interpret Department policy and procedures or the time or procedure requirements under this chapter;
(2)
Make applicable rulings at any stage of the disciplinary process based on the hearing officer’s interpretation of Department policy and procedures;
(3)
Weigh the evidence presented during the evidentiary phase and make findings of fact based upon evidence found credible and reliable by a preponderance of the evidence;
(4)
Determine the disposition of each inmate rule violation charged;
(5)
Determine the number, period, and effective date of sanctions to be imposed when applicable;
(6)
Provide assistance with an investigation or other legal matters that may involve:
(a)
The Department;
(b)
A law enforcement agency;
(c)
The Office of the Attorney General; or
(d)
An office of a State or local government agency;
(7)
Order the removal of any hearing participant from the location of the disciplinary proceeding if the hearing participant becomes disruptive or becomes a threat to the safety and security of the facility or any other hearing participant; and
(8)
Perform other duties as assigned by the hearing officer supervisor or the Secretary, or a designee.
B.
Facility Hearing Officer. A managing official, or a designee, may designate a facility hearing officer to act as a hearing officer without regard to whether a hearing officer is available to preside over disciplinary proceedings at the facility.
C.
Ex Parte Communication — Permitted. Unless otherwise stated under this regulation, the hearing officer may:
(1)
Elect to discuss a pending case and its evidentiary merits in the absence of the defendant, or, if designated, the facility representative with:
(a)
Staff of the Office of the Attorney General;
(b)
A law enforcement official;
(c)
Staff assigned to the Department’s Intelligence and Investigative Division;
(d)
The hearing officer supervisor, or a designee; or
(e)
The Secretary, or a designee;
(2)
Elect to discuss a non-evidentiary matter in the absence of the defendant, or, if designated, the facility representative regarding one or more of the following matters:
(a)
Security or safety;
(b)
A plea agreement;
(c)
An informal resolution;
(d)
A postponement request;
(e)
A time requirement or procedure of a regulation under this chapter or Department policy or procedure; or
(f)
Representation or witness request; or
(3)
Elect to, without the defendant present:
(a)
Question or take testimony from a witness or confidential informant witness whose identity may not be revealed to a defendant;
(b)
Review or examine security sensitive evidence that may include a document, video record, or other security sensitive evidence in the presence of staff necessary for security and safety of the hearing officer, witness, confidential informant, or security sensitive evidence.