Mich. Admin. Code R. 792.11902 - Administrative law judges; designation; powers

Rule 1902.

(1) Administrative law judges shall be responsible for all administrative hearings on the following matters:

(a) An infraction of a prison rule that may result in punitive segregation, loss of disciplinary credits, the loss of good time or the accumulation of disciplinary time, or the imposition of restitution.

(b) A security classification that may result in the placement of a prisoner in administrative segregation.

(c) A special designation that permanently excludes, by department policy or rule, a person under the jurisdiction of the department from community placement.

(d) Visitor restrictions.

(e) High or very high assaultive and high property risk classifications.

(2) An administrative law judge shall comply with all of the following provisions:

(a) Have no prior direct involvement in the matter which is at issue in a hearing.

(b) Verify that all parties are notified of the date and place of a hearing.

(c) Regulate the course of a hearing and the conduct of all those present at a hearing.

(d) Ensure that an adequate record or summary is made of the proceeding.

(e) Render a final decision or order in writing or stated in the record and shall include findings of fact based exclusively on the evidence and on matters officially noted.

(f) Impose disciplinary sanctions pursuant to R 791.5501 if the prisoner is found guilty of misconduct.

(g) Make a determination of allowable excess legal property.

(3) The administrative law judge has the authority to do any of the following:

(a) Conduct hearings in an impartial manner.

(b) Administer an oath or affirmation to a witness in a matter before him or her, certify to official acts, and take depositions.

(c) Admit and give probative effect to evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.

(d) Exclude irrelevant, immaterial or unduly repetitious evidence, with the reason for exclusion entered into the record.

(e) Make a record of evidence offered.

(f) Deny a party access to evidence if the administrative law judge determines that access may be dangerous to a witness or disruptive of normal prison operations. The reason for the denial shall be entered into the record.

(g) Except as otherwise authorized in MCL 791.252, after notice of a hearing is given, shall not communicate, directly or indirectly, regarding an issue of fact, with a person or party, except on notice and opportunity for all parties to participate.

(h) Communicate with members of the department of corrections and may have the aid and advice of department employees other than department employees engaged in investigating or prosecuting a hearing or a factually related matter which may be the subject of a hearing.

(i) Issue a final decision or order, based on a preponderance of the evidence presented, within a reasonable period, in writing or stated in the record, which shall include findings of fact and sanctions to be imposed against a prisoner.

Notes

Mich. Admin. Code R. 792.11902

2015 MR 1, Eff. Jan. 15, 2015