Md. Code Regs. 12.03.01.07

Current through Register Vol. 51, No. 24, December 2, 2024

Section 12.03.01.07 - Pre-Disciplinary Proceeding Procedure - Hearing Docket

A. The facility managing official, or a designee, shall ensure that:

(1) Staff is designated to establish a hearing docket to schedule the appearance of a defendant before the hearing officer for a preliminary hearing; and

(2) The preliminary hearing is scheduled to occur within 7 business days of service of Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form on the defendant.

B. Staff may not schedule a defendant's preliminary hearing to occur within 24 hours of service of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form on the defendant, except if the defendant:

(1) Elects to waive the right to at least 24 hours of notice in order to prepare; or

(2) Is scheduled to be released from the custody of the Department before the expiration of the required 24 hour notice, in which case the appearance of the defendant shall be scheduled prior to the defendant's release, with as much time as practicable prior to the scheduled appearance to permit the defendant to prepare a defense regarding the inmate rule violation charged.

Md. Code Regs. 12.03.01.07

Regulation .07 adopted effective 45:13 Md. R. 668, eff. 7/2/2018