# COMAR Title 12 — Department of Public Safety and Correctional Services

## Subtitle 03 — Operations

### Chapter 01 — Inmate Disciplinary Process

#### Regulation .33 Disciplinary Proceeding Procedures — Post Disciplinary Proceedings Phase — Review by the Secretary.

*COMAR 12.03.01.33*

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.