Wis. Admin. Code Department of Corrections DOC 380.07 - Decision and appeal procedure
(1)
SUPERINTENDENT'S DECISION. Within 7 days of receipt of the complaint mediator's
report or receipt of a direct complaint, the superintendent shall issue a
written decision and provide a copy to each complainant. The decision shall
state the issue, the facts upon which the decision is based, the decision, the
reasons for the decision and the notice required by sub. (4). If no decision is
issued within 7 days, the recommendation of the complaint mediator is affirmed.
If the youth filed complaint directly with the superintendent, a written
[decision] must be issued.
(2)
SUPERINTENDENT'S OPTIONS. If the superintendent affirms a complaint under s.
DOC
380.02(2) challenging the procedure
used by a hearing officer under ss.
DOC 373.72,
373.73 and
373.76 to
373.78, the superintendent may do one
of the following:
(a) Affirm the hearing
officer's decision if the error in procedure did not deny the youth a fair
hearing.
(b) Affirm the hearing
officer's decision, but reduce the discipline.
(c) Reverse the hearing officer's decision
and remove all records of the decision from the youth's files. A record of the
decision may be kept for statistical purposes only.
(d) Remand the case to the hearing officer
for further consideration.
(3) APPEAL TO THE ADMINISTRATOR.
(a) A youth may appeal to the administrator
in writing, using the appeal of complaint form, either a decision or a failure
to issue a decision under sub. (1) to the administrator within 5 days of
receipt of the decision or the failure to issue a decision.
(b) The administrator shall issue a written
decision within 7 days of receipt of the appeal, which is the final decision of
the department and states the reasons and facts upon which the decision is
based. If no decision is issued, the decision of the superintendent is
affirmed.
(4) FAILURE TO
IMPLEMENT DECISION PROMPTLY. The complaint decision under sub. (1) shall inform
the youth who filed the complaint of the right to write the administrator
directly if the relief requested or a resolution agreed upon has not been
implemented within 14 days of the decision or agreement. The administrator
shall investigate and take all necessary steps to enforce prompt
implementation.
Notes
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