Section 137-28-210 - Hearing officers(1) Each hearing shall be conducted by a hearing officer designated by the superintendent.(2) Hearing officers may not preside over a hearing when they are related to the incarcerated individual, witness, victim, or infracting officer, or have direct personal involvement in the infraction under consideration. For purposes of this section, direct personal involvement means knowledge or interest acquired through witnessing, investigating, or directly participating in the incident under consideration. This rule shall not preclude hearing officer participation where the hearing officer has acquired knowledge of the incident as part of regular facility responsibilities.(3) Hearing officers may disqualify themselves or may be disqualified by the superintendent if biased for or against any incarcerated individual so that they cannot render a fair and impartial decision in the hearing.Wash. Admin. Code § 137-28-210
Amended by WSR 15-20-011, Filed 9/24/2015, effective 1/8/2016Amended by WSR 23-22-112, Filed 10/31/2023, effective 12/1/202306-24-087, § 137-28-210, filed 12/4/06, effective 1/4/07. 95-15-044, § 137-28-210, filed 7/13/95, effective 8/15/95.
Reviser's note: Under RCW 34.05.030(1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.