Md. Code Regs. 12.03.01.11

Current through Register Vol. 51, No. 12, June 14, 2024

Section 12.03.01.11 - Disciplinary Proceeding Procedures - Hearing Officer

A. Hearing Officer. The hearing officer, as the factfinder, shall be fair and impartial and may:

(1) Interpret Department policy and procedures or the time or procedure requirements under this chapter;

(2) Make applicable rulings at any stage of the disciplinary process based on the hearing officer's interpretation of Department policy and procedures;

(3) Weigh the evidence presented during the evidentiary phase and make findings of fact based upon evidence found credible and reliable by a preponderance of the evidence;

(4) Determine the disposition of each inmate rule violation charged;

(5) Determine the number, period, and effective date of sanctions to be imposed when applicable;

(6) Provide assistance with an investigation or other legal matters that may involve:

(a) The Department;

(b) A law enforcement agency;

(c) The Office of the Attorney General; or

(d) An office of a State or local government agency;

(7) Order the removal of any hearing participant from the location of the disciplinary proceeding if the hearing participant becomes disruptive or becomes a threat to the safety and security of the facility or any other hearing participant; and

(8) Perform other duties as assigned by the hearing officer supervisor or the Secretary, or a designee.

B. Facility Hearing Officer. A managing official, or a designee, may designate a facility hearing officer to act as a hearing officer without regard to whether a hearing officer is available to preside over disciplinary proceedings at the facility.

C. Ex Parte Communication - Permitted. Unless otherwise stated under this regulation, the hearing officer may:

(1) Elect to discuss a pending case and its evidentiary merits in the absence of the defendant, or, if designated, the facility representative with:

(a) Staff of the Office of the Attorney General;

(b) A law enforcement official;

(c) Staff assigned to the Department's Intelligence and Investigative Division;

(d) The hearing officer supervisor, or a designee; or

(e) The Secretary, or a designee;

(2) Elect to discuss a non-evidentiary matter in the absence of the defendant, or, if designated, the facility representative regarding one or more of the following matters:

(a) Security or safety;

(b) A plea agreement;

(c) An informal resolution;

(d) A postponement request;

(e) A time requirement or procedure of a regulation under this chapter or Department policy or procedure; or

(f) Representation or witness request; or

(3) Elect to, without the defendant present:

(a) Question or take testimony from a witness or confidential informant witness whose identity may not be revealed to a defendant;

(b) Review or examine security sensitive evidence that may include a document, video record, or other security sensitive evidence in the presence of staff necessary for security and safety of the hearing officer, witness, confidential informant, or security sensitive evidence.

Md. Code Regs. 12.03.01.11

Regulation .11 adopted effective 45:13 Md. R. 668, eff. 7/2/2018