D.C. Mun. Regs. tit. 28, r. 28-513

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 28-513 - REVIEW AND APPEAL

513.1

The Administrator (or the Administrator's designee) shall review all decisions rendered by the Adjustment Board or by hearing officers.

513.2

Upon any review or appeal under this section, the decision shall be based upon a reasonable assessment of the evidence presented.

513.3

Upon review, the Administrator may take any of the following actions:

(a) Vacate a finding of guilty and all punishment imposed;

(b) Reduce the punishment imposed; or

(c) Remand the case to the Board or hearing officer for further proceedings, as provided in this section.

513.4

No remand shall be made for the purpose of increasing the severity of the punishment imposed by the Board or hearing officer.

513.5

If the resident was found not guilty at the hearing, the Administrator may remand the case for further proceedings only if the Administrator determines that the Adjustment Board or hearing officer did any of the following:

(a) Failed or refused to have a witness testify when the Board or hearing officer knew that the witness had relevant evidence at the time of the hearing; or

(b) Failed to consider relevant documentary evidence at the time of the hearing which was not made part of the record due to administrative or procedural error.

513.6

If the resident was found not guilty at the hearing, the Administrator may not remand the case for further proceedings on either of the following grounds:

(a) That the Administrator disagrees with the findings of the Board or hearing officer concerning the credibility of a witness; or

(b) That the Administrator disagrees with the weight given to the testimony of a witness by the Board or hearing officer.

513.7

The Administrator shall complete the review within three (3) working days of receiving the written decision and shall promptly notify the resident of the completion of the review.

513.8

If a resident has been found guilty by the Board after a remand in accordance with the provisions of § 513.5, the resident shall have the right to appeal that determination of guilt to the Superintendent.

513.9

A resident may file an appeal within three (3) working days of receiving the decision of the Board or hearing officer by submitting to the Administrator a statement in writing concerning any of the following:

(a) The procedures followed by the Board or hearing officer;

(b) The weight of the evidence against the resident; or

(c) The punishment imposed.

513.10

The Administrator shall decide the appeal within three (3) working days of receiving the written statement and shall promptly notify the resident of the decision on appeal.

513.11

In deciding the case on appeal, the Administrator may take any of the following actions:

(a) Vacate a finding of guilt and all punishments imposed;

(b) Reduce the punishment imposed; or

(c) Remand the case to the Board or hearing officer for further proceedings.

513.12

If there is a remand on appeal, the Board or hearing officer shall not impose a more severe punishment than was imposed at the original hearing.

513.13

No punishment may be imposed pending appeal; provided, that a resident whose punishment is transfer to more restrictive custody may be placed in administrative segregation pending decision on appeal.

D.C. Mun. Regs. tit. 28, r. 28-513

Final Rulemaking published at 28 DCR 865, 885-87 (February 27, 1981)