Section 791.3310. Fact-finding hearing; notice; report; waiver.

Rule 310. (1) A prisoner shall receive sufficient written notice of the purpose of a fact- finding hearing sufficiently prior to the hearing to allow preparation of a response. A copy of any disciplinary report or other information regarding circumstances giving rise to the hearing shall accompany the notice.

(2)   A prisoner shall be afforded both of the following at a fact-finding hearing:

(a)   To be present and speak on his or her own behalf.

(b)   To receive a copy of any department document specifically relevant to the issue before the hearing officer, unless disclosure of the document would be a threat to the order and security of the facility or the safety of an individual.

(3)   The hearing officer shall make a summary report of the hearing and decision or recommendation.

(4)   A prisoner may waive a fact-finding hearing. Waivers for minor misconduct hearings are subject to R 791.5501.

History: 1979 AC; 1989 AACS; 2002 AACS; 2015 AACS.