Mich. Admin. Code R. 792.11903 - Hearing and decisions

Rule 1903.

(1) Not less than 24 hours before a formal hearing, a prisoner must receive written notice of the hearing. The notice must 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 hearing investigator to gather evidence or speak for the prisoner, if desired.

(3) A prisoner may verbally waive the 24-hour notice requirement either upon receipt of the written notice or at the hearing itself.

(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 has all of the following rights at a formal hearing:

(a) To offer evidence, including written arguments, relevant documents, and witness statements, by making these requests to the hearing investigator at the time of the interview, or sufficiently in advance of the hearing to conduct an adequate investigation as determined by the administrative law judge.

(b) To be present and offer oral arguments on the prisoner's own behalf.

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

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

(e) To have presented to the administrative law judge the report of a hearing investigator who interviewed and obtained statements from relevant witnesses, secured relevant documents, and gathered other evidence, if a hearing investigator was requested when notice of the charges was given, unless that request is denied as set forth in subrule (7) of this rule, and if the prisoner has reasonably cooperated with the hearing investigator.

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

(6) 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 must 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 hearing investigator with a complete written statement.

(7) A hearing investigator must 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 administrative law judge shall request a hearing investigator to appear and present arguments on the prisoner's behalf. The failure of a hearing 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 must be placed in the record.

(8) The administrative law judge shall render a written decision in every case. The written decision must 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.

(d) A disposition of property, if applicable, in accordance with department of corrections policy.

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

Notes

Mich. Admin. Code R. 792.11903

2015 AACS; 2023 MR 19, Eff. 9/29/2023