Regulation .33 Disciplinary Proceeding Procedures — Post Disciplinary Proceedings Phase — Review by the Secretary.
Regulation .33 Disciplinary Proceeding Procedures — Post Disciplinary Proceedings Phase — Review by the Secretary.LinkCopy Citation
A.
The Secretary, or a designee, has the:
(1)
Authority and discretion to modify, suspend, or terminate the inmate disciplinary process consistent with due process; and
(2)
Final authority to interpret the time and procedure requirements of the inmate disciplinary process.
B.
The Secretary, or a designee, without regard for a time or procedure requirement established under this chapter, may review a disciplinary proceeding or hearing officer’s decision regarding the inmate rule violation charged.
C.
The Secretary, or a designee, without regard for a time or procedure requirement established under this chapter, may take an action regarding a disciplinary proceeding or hearing officer’s or staff’s decision regarding the inmate rule violation charged that includes, but is not limited to:
(1)
Remanding the inmate rule violation charged for:
(a)
A de novo or new inmate disciplinary proceeding; or
(b)
Other action permitted under this chapter;
(2)
Modifying or vacating a sanction imposed regarding the inmate rule violation found guilty or an informal disposition;
(3)
Reversing a decision regarding the inmate rule violation charged found guilty, not guilty, dismissed, not competent, or due to an informal resolution;
(4)
Reducing a decision regarding the inmate rule violation charged or an informal disposition to an incident report; or
(5)
Vacating the decision regarding the inmate rule violation charged found guilty, not guilty, dismissed, not competent, or reduction to an informal resolution.