Section 792.11903. Hearing and decisions.

Rule 1903. (1) Not less than 24 hours before a formal hearing, a prisoner shall receive written notice of the hearing. The notice shall include all of the following:

(a)    Any charges of alleged violations.

(b)    A description of the circumstances giving rise to the hearing.

(c)    Notice of the date of hearing.

(2)  A prisoner shall set forth all of the following on the notice form:

(a)    Necessary witnesses the prisoner wishes to have interviewed, if any.

(b)    A request for documents specifically relevant to the issue before the administrative law judge, if any.

(c)      A request for assistance of a staff investigator to gather evidence or speak for the prisoner, if desired.

(3)   A prisoner may waive the 24-hour notice requirement if that waiver is in writing and signed by the prisoner.

(4)   If a prisoner fails to appear for a hearing after proper notice has been given as set forth in subrule (1) of this rule, the administrative law judge may proceed with the hearing and make a decision in the absence of the prisoner.

(5)   A prisoner shall have all of the following rights at a formal hearing:

(a)     To be present and offer evidence, including relevant documents and oral and written arguments, on his or her own behalf.

(b)    To compel disclosure of documents specifically relevant to the issue before the hearing officer, unless the administrative law judge determines that may be dangerous to a witness or disruptive of normal prison operations. The reason for the nondisclosure shall be entered into the record.

(c)     To present evidence from necessary, relevant, and material witnesses, when to do so is not unduly hazardous to institutional or safety goals.

(d)    To have presented to the administrative law judge the report of a staff investigator who interviewed and obtained statements from relevant witnesses, secured relevant documents, and gathered other evidence, if a staff investigator was requested when notice of the charges was

given, unless that request is denied as set forth in subrule (6) of this   rule, and if the prisoner has reasonably cooperated with the staff investigator.

(e)    To submit written questions to the hearing investigator to be asked of witnesses.

(f)     If an administrative law judge denies a request made by a prisoner on the notice form provided under subrule (2) of this rule, specific reasons for the denial shall be placed in the record. The presence of a witness is not necessary if the witness's testimony is repetitious or if the witness is able to provide the administrative law judge or investigator with a complete written statement.

(6)    A staff investigator shall be available, when necessary, to gather and present factual evidence orally or in writing at the request of either the prisoner or the administrative law judge. If the administrative law judge determines that a prisoner appears to be incapable of speaking effectively for himself or herself, the hearing officer shall request a staff investigator to appear and present arguments on the prisoner's behalf. The failure of a staff investigator to present requested documents or statements is justified if to do so would be unduly hazardous to institution or safety goals or if the information is irrelevant or unnecessary to the particular case. The specific reason for such failure shall be placed in the record.

(7)   The administrative law judge shall render a written decision or recommendation in every case. The written decision or recommendation shall include all of the following:

(a)    The reasons for the denial of a prisoner's requests, if any.

(b)    A statement of the facts found.

(c)    The evidence relied on in support of the decision or recommendation.

(d)      Any sanctions or orders imposed by the administrative law judge. A copy of the decision shall be furnished to the prisoner.

History: 2015 AACS.