(1) A
partial
confinement individual served with allegations providing the basis for a
proposed disciplinary action shall be notified in writing that a hearing has
been set before a department
hearing officer. An allegation involving the
commission by the
individual of a serious
violation may be amended at anytime
by the department, provided that 24 hours notice be given to the
individual or
the
individual agrees in writing to waive notice to respond to the allegations.
The hearing will be held within eight working days of the suspension of the
partial confinement plan, unless a longer time is approved by the
hearings
program administrator or their designee. The written notice of hearing shall be
given to the
individual at least 24 hours before the hearing unless notice is
waived, in writing, and advise the
individual of their rights, including the
following:
(a) The individual shall be present
at all stages of the hearing, except during deliberation in appropriate
circumstances.
(b) The individual
shall present their own case to the hearing officer. If there is a language or
communications barrier, the hearing officer shall appoint an advisor.
(c) The individual may have an attorney
present at their hearing upon case-by-case determination by the hearing officer
if one is warranted.
(d) The
individual may testify during the hearing or remain silent, and their silence
will not be held against them.
(e)
The partial confinement individual may, in preparation for the hearing, ask the
hearing officer that certain department or contract staff members, other
partial confinement individuals, and other persons be present as witnesses at
the hearing. The hearing officer shall grant such request if it is determined
by the hearing officer that to do so would not be unduly hazardous to the
partial confinement safety or correctional goals: Provided, however,
limitations may be made by the hearing officer if the information to be
presented by the witnesses is deemed to be irrelevant, duplicative, or
unnecessary to the adequate presentation of the partial confinement
individual's case.
(2)
Attendance at the hearing shall be limited to parties directly concerned. The
hearing officer may exclude unauthorized persons.
(3) Hearings shall be recorded and a copy of
the recording maintained in accordance with the statewide retention
schedule.
