Md. Code Regs. 12.03.01.12

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

Section 12.03.01.12 - Disciplinary Proceeding Procedures - Preliminary and Evidentiary Phases - Written Record and Audio Recording

A. The hearing officer shall be responsible for a record of the defendant's disciplinary proceeding when the defendant is before the hearing officer.

B. The hearing officer shall ensure that both a written record and audio recording are used to document and record a defendant's appearance before the hearing officer.

C. The written and audio record shall only be considered a record of the Department exclusively for the:

(1) Use of staff in the conduct of the Department's daily business;

(2) Record retention requirements of the Department; and

(3) Statutory requirements of the Annotated Code of Maryland regarding documenting the defendant's case record as to the defendant's disciplinary history.

D. The audio record of the defendant's disciplinary proceeding may not be considered to be an entitlement, a right, or for the benefit of a defendant.

E. Audio Recording.

(1) The inability to record a defendant's disciplinary proceeding shall preclude the hearing officer from conducting the defendant's disciplinary proceeding.

(2) When the defendant's disciplinary proceeding cannot be audio recorded and the defendant's disciplinary proceeding may not proceed, the hearing officer shall:

(a) Advise the defendant that the disciplinary proceeding cannot be audio recorded and the inmate 's disciplinary proceeding may not proceed;

(b) Postpone the defendant's disciplinary proceeding; and

(c) Advise the facility staff to reschedule the defendant's disciplinary proceeding when circumstances permit.

(3) The postponement of the defendant's disciplinary proceeding due to an inability to audio record the defendant's disciplinary hearing:

(a) Shall be considered good cause for the delay of the defendant's disciplinary proceeding; and

(b) May not support the dismissal of an inmate rule violation charged.

F. Written Record.

(1) The written record is a summary of the defendant's disciplinary proceeding and may not be considered a full transcript.

(2) A hearing officer's failure to completely document the written record may not be the basis for a reversal of the hearing officer's findings of fact or disposition of an inmate rule violation charged.

Md. Code Regs. 12.03.01.12

Regulation .12 adopted effective 45:13 Md. R. 668, eff. 7/2/2018