Mich. Admin. Code R. 791.3320 - Appeals; notice; sanctions stayed; basis of review; permissible dispositions on appeal; finality
Current through Vol. 22-05, April 1, 2022
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Rule 320. (1) A prisoner may appeal a determination made at a hearing conducted pursuant to R 791.3310 for minor misconduct as set forth in department policies and procedures. Oral notice of intent to appeal shall be given by the prisoner at the conclusion of the hearing and shall be followed by a written basis for the appeal within 24 hours after receipt of the written decision. Sanctions ordered by the hearing officer may be held in abeyance until the appeal is resolved.
(2) Within 30 calendar days after receipt of the determination, the prisoner or warden may appeal, to the hearings administrator, the determination made at a hearing conducted pursuant to R 791.11903. The hearings administrator may order a rehearing on his or her own motion at any time.
(3) A prisoner may appeal a determination made in any other administrative hearing by filing a grievance.
(4) Appeals shall be reviewed on the basis of the written summary or record of the hearing, any documentary evidence presented at the hearing, and the written reason for appeal. The reviewing official may affirm or reverse a finding of guilt or may vacate the finding and remand for a new hearing.
History: 1979 AC; 1987 AACS; 2002 AACS.
Editor's Note: An obvious error in R 791.3320 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Annual Administrative Code Supplement, 2002 AACS. The memorandum requesting the correction was published in Michigan Register, 2016 MR 24.