N.J. Admin. Code § 10A:4-11.6

Current through Register Vol. 56, No. 24, December 18, 2024

Section 10A:4-11.6 - Policy regarding rehearings

(a) If a rehearing is required, the inmate shall be accorded all procedural rights applicable to a disciplinary hearing.

(b) The hearing body may be the same as that which heard the original charge unless the composition of that body was the procedural defect requiring the rehearing or unless there is a substantial likelihood of prejudice.

1. In the absence of exceptional circumstances, a re-hearing shall be scheduled no more than 14 calendar days from the date of the original hearing.

2. When a disciplinary sanction has not been suspended pending the outcome of the appeal, a rehearing shall be scheduled within 24 hours of the decision of the Administrator or designee to have the matter reheard, excluding weekends and holidays, in the absence of exceptional circumstances.

(c) Rehearings may be appealed and the Administrator or designee may exercise the same options as provided for in N.J.A.C. 10A:4-11.5.

N.J. Admin. Code § 10A:4-11.6

Amended by R.2006 d.398, effective 11/20/2006.
See: 38 N.J.R. 3121(a), 38 N.J.R. 4867(a).
In (b)2 and (c), inserted "or designee".