Wash. Admin. Code § 137-56-210 - Disciplinary hearing-Rules of evidence
(1) All relevant
and material evidence is admissible which, in the opinion of the hearing
officer , is the best evidence reasonably obtainable having due regard for its
necessity, availability, and trustworthiness.
(2) All evidence material to the issues
raised in the hearing shall be offered into evidence. All evidence forming the
basis for the hearing officer 's decision in a matter shall be offered into
evidence.
(3) The partial
confinement individual shall be allowed to call witnesses approved by the
hearing officer pursuant to WAC
137-56-180
(1)(e) and to present documentary evidence in
their defense at the hearing when permitting the partial confinement individual
to do so will not be unduly hazardous to the partial confinement program's
safety or correctional goals unless the testimony to be presented by the
witness and/or the information desired to be presented is deemed by the hearing
officer to be irrelevant, immaterial, unnecessarily duplicative of other
information and/or testimony before the hearing officer , or otherwise found to
be unnecessary to the adequate presentation of the partial confinement
individual 's case. The testimony of all witnesses from outside the partial
confinement program shall be considered in writing. In the event the hearing
officer determines that the presence of a witness is appropriate, the hearing
officer should call the witness, or in its discretion, may continue the hearing
if the witness is unavailable, but will become available within a reasonable
period of time: Provided, however, that if the witness is unavailable, the
hearing officer may, at their discretion, consider the written testimony
previously submitted.
(4) The
partial confinement individual may question witnesses against them at the
discretion of the hearing officer . If the hearing officer determines that a
source of information would be subject to risk or harm if their identity were
disclosed, testimony of the confidential source may be introduced by the
testimony of a staff member . The confidential testimony may be provided by the
source or by the written and signed statement of the source. If the staff
member to whom the source provided information is unavailable, the written
statement of this staff member may be used. The hearing officer shall, out of
the presence of all partial confinement individuals and off the record,
identify the confidential source, and how the testifying staff member received
the confidential information. The staff member presenting the information from
a confidential source shall identify the source and the circumstances
surrounding the receipt of the confidential information to the hearing officer ,
off the record. The hearing officer shall make an independent determination
regarding the reliability of the confidential source, the credibility of the
confidential information, and the necessity of not revealing the source of the
confidential information. In determining whether the confidential source is
reliable and the confidential information is credible, the hearing officer
should consider all relevant circumstances including, but not limited to:
(a) Evidence from other staff members that
the confidential source has previously given reliable information;
(b) Evidence that the confidential source had
no apparent motive to fabricate information;
(c) Evidence that the confidential source
received no benefit from providing the information;
(d) Whether the confidential source is giving
first-hand information;
(e) Whether
the confidential information is internally consistent and is consistent with
other known facts; and
(f) The
existence of corroborating evidence.
The
(5) Documentary evidence, including written
statements submitted by interested parties on behalf of the individual , may be
received. Such evidence may include copies of documents, excerpts from
documents and incorporation of written material by reference, including
depositions.
(6) The hearing
officer should determine if the individual is competent to understand the
charges and proceedings or needs an interpreter to participate therein. If the
individual is not competent or needs an interpreter, the hearing officer should
postpone the hearing to secure a report on the competency of the individual ,
provide an interpreter, or take such other action as will assure the fairness
and orderliness of the hearings.
Notes
Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. 05-24-009 and 06-02-038, § 137-56-210, filed 11/28/05 and 12/28/05, effective 5/1/06. 95-22-060, § 137-56-210, filed 10/30/95, effective 12/1/95. 94-07-065, § 137-56-210, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. 86-06-012 (Order 86-02), § 137-56-210, filed 2/21/86; 82-08-055 (Order 82-06), § 137-56-210, filed 4/5/82. Formerly WAC 275-92-535.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) All relevant and material evidence is admissible which, in the opinion of the hearing officer, is the best evidence reasonably obtainable having due regard for its necessity, availability, and trustworthiness.
(2) All evidence material to the issues raised in the hearing shall be offered into evidence. All evidence forming the basis for the hearing officer's decision in a matter shall be offered into evidence.
(3) The partial confinement individual shall be allowed to call witnesses approved by the hearing officer pursuant to WAC 137-56-180 (1)(e) and to present documentary evidence in their defense at the hearing when permitting the partial confinement individual to do so will not be unduly hazardous to the partial confinement program's safety or correctional goals unless the testimony to be presented by the witness and/or the information desired to be presented is deemed by the hearing officer to be irrelevant, immaterial, unnecessarily duplicative of other information and/or testimony before the hearing officer, or otherwise found to be unnecessary to the adequate presentation of the partial confinement individual's case. The testimony of all witnesses from outside the partial confinement program shall be considered in writing. In the event the hearing officer determines that the presence of a witness is appropriate, the hearing officer should call the witness, or in its discretion, may continue the hearing if the witness is unavailable, but will become available within a reasonable period of time: Provided, however, that if the witness is unavailable, the hearing officer may, at their discretion, consider the written testimony previously submitted.
(4) The partial confinement individual may question witnesses against them at the discretion of the hearing officer. If the hearing officer determines that a source of information would be subject to risk or harm if their identity were disclosed, testimony of the confidential source may be introduced by the testimony of a staff member. The confidential testimony may be provided by the source or by the written and signed statement of the source. If the staff member to whom the source provided information is unavailable, the written statement of this staff member may be used. The hearing officer shall, out of the presence of all partial confinement individuals and off the record, identify the confidential source, and how the testifying staff member received the confidential information. The staff member presenting the information from a confidential source shall identify the source and the circumstances surrounding the receipt of the confidential information to the hearing officer, off the record. The hearing officer shall make an independent determination regarding the reliability of the confidential source, the credibility of the confidential information, and the necessity of not revealing the source of the confidential information. In determining whether the confidential source is reliable and the confidential information is credible, the hearing officer should consider all relevant circumstances including, but not limited to:
(a) Evidence from other staff members that the confidential source has previously given reliable information;
(b) Evidence that the confidential source had no apparent motive to fabricate information;
(c) Evidence that the confidential source received no benefit from providing the information;
(d) Whether the confidential source is giving first-hand information;
(e) Whether the confidential information is internally consistent and is consistent with other known facts; and
(f) The existence of corroborating evidence.
The hearing officer shall also determine whether safety concerns justify nondisclosure of the source of confidential information. The reliability and credibility determination and the need for confidentiality must be made on the record.
(5) Documentary evidence, including written statements submitted by interested parties on behalf of the individual, may be received. Such evidence may include copies of documents, excerpts from documents and incorporation of written material by reference, including depositions.
(6) The hearing officer should determine if the individual is competent to understand the charges and proceedings or needs an interpreter to participate therein. If the individual is not competent or needs an interpreter, the hearing officer should postpone the hearing to secure a report on the competency of the individual, provide an interpreter, or take such other action as will assure the fairness and orderliness of the hearings.
Notes
Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. 05-24-009 and 06-02-038, § 137-56-210, filed 11/28/05 and 12/28/05, effective 5/1/06. 95-22-060, § 137-56-210, filed 10/30/95, effective 12/1/95. 94-07-065, § 137-56-210, filed 3/14/94, effective 5/1/94. Statutory Authority: RCW 72.65.100. 86-06-012 (Order 86-02), § 137-56-210, filed 2/21/86; 82-08-055 (Order 82-06), § 137-56-210, filed 4/5/82. Formerly WAC 275-92-535.