Mich. Admin. Code R. 791.3310 - Fact-finding hearing; notice; report; waiver

Current through Vol. 22-05, April 1, 2022

Rule 310.

(1) A prisoner shall receive sufficient written notice of the purpose of a factfinding 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.

Notes

Mich. Admin. Code R. 791.3310
1979 AC; 1989 AACS; 2002 AACS; 2015 MR 1, Eff. Jan. 15, 2015; 2015 MR 17, Eff. 9/23/2015

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