Md. Code Regs. 12.03.01.30

Current through Register Vol. 51, No. 21, October 18, 2024

Section 12.03.01.30 - Disciplinary Proceeding Procedures - Post Disciplinary Proceeding Phase - Appeal of the Hearing Officer's Decision or Sanction

A. Appeal by the Defendant.

(1) A defendant may only appeal the:

(a) Sufficiency of the evidence presented as part of the defendant's disciplinary proceeding;

(b) Interpretation of the law, rules, policy, procedures, or regulations applicable to the defendant's disciplinary proceeding; or

(c) Sanction imposed as a result of the defendant's disciplinary proceeding.

(2) A defendant shall file an appeal in writing with the managing official of the facility where the defendant is housed within 15 calendar days of the date the defendant received the hearing officer's decision.

(3) If the defendant fails to file a written appeal with the managing official or the managing official does not receive the defendant's appeal within the 15 calendar days of the date of the hearing officer's decision, the defendant is:

(a) Considered to have waived the opportunity to appeal under this regulation; and

(b) Not considered to have exhausted administrative remedies available to the defendant.

(4) If the defendant is transferred to another facility other than the facility where the defendant's disciplinary proceeding occurred within the 15 calendar days, the defendant may file the appeal with the managing official of either facility.

(5) The managing official of the sending facility shall forward the appeal to the facility that receives the defendant.

(6) The defendant shall give notice of the transfer and appeal to the managing official of the receiving facility.

B. Appeal by the Facility.

(1) If designated, a facility representative, or in the absence of a representative, facility staff may appeal:

(a) The hearing officer's decision; and

(b) If applicable, sanctions imposed.

(2) An appeal shall be in writing and delivered to the managing official within 5 calendar days of the date of the hearing officer's decision.

C. Appeal to the Inmate Grievance Office. A defendant may appeal the managing official's decision to the Inmate Grievance Office as provided under COMAR 12.07.01.05 and 12.07.01.08.

D. Appeal - Guilty Plea.

(1) If a defendant entered a guilty plea to an inmate rule violation charged and the hearing officer accepted and entered the plea into the record of the defendant's disciplinary proceeding, the defendant may file an appeal based on only the following claims:

(a) The process or procedures by which the defendant entered the guilty plea regarding the inmate rule violation charged was in error or the guilty plea was procedurally not permitted; and

(b) If imposed, the hearing officer's sanction was in error or procedurally not permitted.

(2) A defendant filing an appeal of a guilty plea may not raise a claim that:

(a) The hearing officer's decision was arbitrary or capricious, clearly erroneous, or not based on substantial evidence;

(b) The hearing officer relied on evidence that was insufficient or considered in error;

(c) There was a denial or violation of a due process, statutory, time, or procedure requirement applicable to this chapter; or

(d) There was a denial by staff or the hearing officer of a representative, a witness, or evidence requested.

E. Appeal - Waiver of Appearance.

(1) If a defendant waived the defendant's appearance before a hearing officer and in the defendant's absence the hearing officer proceeded with the defendant's disciplinary proceeding and found the defendant guilty of the inmate rule violation charged, the defendant may file an appeal that is limited to a claim that the:

(a) Process by which the hearing officer concluded that the defendant waived an appearance was in error;

(b) Hearing officer's decision regarding the inmate rule violation charged for which the defendant was found guilty was arbitrary, capricious, or clearly erroneous;

(c) Hearing officer's decision regarding the inmate rule violation charged for which the defendant was found guilty relied on evidence that was in error, insufficient, or procedurally not permitted; or

(d) Sanction imposed regarding the inmate rule violation charged for which the defendant was found guilty was in error or procedurally not permitted.

(2) A defendant who waived an appearance before the hearing officer may not raise a claim that there was a:

(a) Denial of a due process, statutory, time, or procedure requirement applicable to this chapter; or

(b) Denial of a representative, a witness, or evidence regarding the disciplinary proceeding.

F. The time period for a defendant to file an appeal expires at the end of the 15th calendar day after the date the defendant was served with the hearing officer's decision.

Md. Code Regs. 12.03.01.30

Regulation .30 adopted effective 45:13 Md. R. 668, eff. 7/2/2018