Md. Code Regs. 12.03.01.33

Current through Register Vol. 51, No. 25, December 13, 2024

Section 12.03.01.33 - Disciplinary Proceeding Procedures - Post Disciplinary Proceedings Phase - Review by the Secretary

A. The Secretary, or a designee, has the:

(1) Authority and discretion to modify, suspend, or terminate the inmate disciplinary process consistent with due process; and

(2) Final authority to interpret the time and procedure requirements of the inmate disciplinary process.

B. The Secretary, or a designee, without regard for a time or procedure requirement established under this chapter, may review a disciplinary proceeding or hearing officer's decision regarding the inmate rule violation charged.

C. The Secretary, or a designee, without regard for a time or procedure requirement established under this chapter, may take an action regarding a disciplinary proceeding or hearing officer's or staff's decision regarding the inmate rule violation charged that includes, but is not limited to:

(1) Remanding the inmate rule violation charged for:

(a) A de novo or new inmate disciplinary proceeding; or

(b) Other action permitted under this chapter;

(2) Modifying or vacating a sanction imposed regarding the inmate rule violation found guilty or an informal disposition;

(3) Reversing a decision regarding the inmate rule violation charged found guilty, not guilty, dismissed, not competent, or due to an informal resolution;

(4) Reducing a decision regarding the inmate rule violation charged or an informal disposition to an incident report; or

(5) Vacating the decision regarding the inmate rule violation charged found guilty, not guilty, dismissed, not competent, or reduction to an informal resolution.

Md. Code Regs. 12.03.01.33

Regulation .33 adopted effective 45:13 Md. R. 668, eff. 7/2/2018