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<regulation prefix="Regulation" num=".30" citation="COMAR 12.03.01.30" title_num="12" subtitle_num="03" chapter_num="01" heading="Disciplinary Proceeding Procedures — Post Disciplinary Proceeding Phase — Appeal of the Hearing Officer’s Decision or Sanction.">
  <paragraph num="A.">
    <text>Appeal by the Defendant.</text>
    <paragraph num="(1)">
      <text>A defendant may only appeal the:</text>
      <paragraph num="(a)">
        <text>Sufficiency of the evidence presented as part of the defendant’s disciplinary proceeding;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Interpretation of the law, rules, policy, procedures, or regulations applicable to the defendant’s disciplinary proceeding; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Sanction imposed as a result of the defendant’s disciplinary proceeding.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A defendant shall file an appeal in writing with the managing official of the facility where the defendant is housed within 15 calendar days of the date the defendant received the hearing officer’s decision.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If the defendant fails to file a written appeal with the managing official or the managing official does not receive the defendant’s appeal within the 15 calendar days of the date of the hearing officer’s decision, the defendant is:</text>
      <paragraph num="(a)">
        <text>Considered to have waived the opportunity to appeal under this regulation; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Not considered to have exhausted administrative remedies available to the defendant.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>If the defendant is transferred to another facility other than the facility where the defendant’s disciplinary proceeding occurred within the 15 calendar days, the defendant may file the appeal with the managing official of either facility.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The managing official of the sending facility shall forward the appeal to the facility that receives the defendant.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The defendant shall give notice of the transfer and appeal to the managing official of the receiving facility.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Appeal by the Facility.</text>
    <paragraph num="(1)">
      <text>If designated, a facility representative, or in the absence of a representative, facility staff may appeal:</text>
      <paragraph num="(a)">
        <text>The hearing officer’s decision; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If applicable, sanctions imposed.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>An appeal shall be in writing and delivered to the managing official within 5 calendar days of the date of the hearing officer’s decision.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Appeal to the Inmate Grievance Office. A defendant may appeal the managing official’s decision to the Inmate Grievance Office as provided under COMAR 12.07.01.05 and 12.07.01.08.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Appeal — Guilty Plea.</text>
    <paragraph num="(1)">
      <text>If a defendant entered a guilty plea to an inmate rule violation charged and the hearing officer accepted and entered the plea into the record of the defendant’s disciplinary proceeding, the defendant may file an appeal based on only the following claims:</text>
      <paragraph num="(a)">
        <text>The process or procedures by which the defendant entered the guilty plea regarding the inmate rule violation charged was in error or the guilty plea was procedurally not permitted; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If imposed, the hearing officer’s sanction was in error or procedurally not permitted.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A defendant filing an appeal of a guilty plea may not raise a claim that:</text>
      <paragraph num="(a)">
        <text>The hearing officer’s decision was arbitrary or capricious, clearly erroneous, or not based on substantial evidence;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The hearing officer relied on evidence that was insufficient or considered in error;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>There was a denial or violation of a due process, statutory, time, or procedure requirement applicable to this chapter; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>There was a denial by staff or the hearing officer of a representative, a witness, or evidence requested.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Appeal — Waiver of Appearance.</text>
    <paragraph num="(1)">
      <text>If a defendant waived the defendant’s appearance before a hearing officer and in the defendant’s absence the hearing officer proceeded with the defendant’s disciplinary proceeding and found the defendant guilty of the inmate rule violation charged, the defendant may file an appeal that is limited to a claim that the:</text>
      <paragraph num="(a)">
        <text>Process by which the hearing officer concluded that the defendant waived an appearance was in error;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Hearing officer’s decision regarding the inmate rule violation charged for which the defendant was found guilty was arbitrary, capricious, or clearly erroneous;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Hearing officer’s decision regarding the inmate rule violation charged for which the defendant was found guilty relied on evidence that was in error, insufficient, or procedurally not permitted; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Sanction imposed regarding the inmate rule violation charged for which the defendant was found guilty was in error or procedurally not permitted.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A defendant who waived an appearance before the hearing officer may not raise a claim that there was a:</text>
      <paragraph num="(a)">
        <text>Denial of a due process, statutory, time, or procedure requirement applicable to this chapter; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Denial of a representative, a witness, or evidence regarding the disciplinary proceeding.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>The time period for a defendant to file an appeal expires at the end of the 15th calendar day after the date the defendant was served with the hearing officer’s decision.</text>
  </paragraph>
</regulation>