Md. Code Regs. 12.03.01.22

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

Section 12.03.01.22 - Disciplinary Proceeding Procedures - Fact Finding and Decision Phase - Rendering the Decision

A. After closing the case presentation portion of the defendant's disciplinary proceeding, the hearing officer shall weigh and consider the evidence presented during the defendant's disciplinary proceeding and:

(1) Determine from the evidence presented, which evidence is credible and reliable;

(2) Determine from the credible and reliable evidence the findings of fact as to the inmate rule violation charged; and

(3) Render a decision as to whether the defendant did or did not commit the inmate rule violation charged based on the findings of fact.

B. When rendering the decision as to the inmate rule violation charged, the hearing officer shall decide if the evidence determined to be credible and reliable:

(1) Proves more likely than not that the defendant did commit the inmate rule violation charged, in which case the hearing officer shall enter a guilty decision for the inmate rule violation charged; or

(2) Does not prove more likely than not that the defendant committed the inmate rule violation charged, in which case the hearing officer shall enter a not guilty decision for the inmate rule violation charged.

C. When entering the decision, the hearing officer shall:

(1) Enter the applicable decision for each inmate rule violation charged; and

(2) Inform the defendant or defendant's representative and the facility representative of the decision for each inmate rule violation charged.

D. When the hearing officer finds that a report submitted as evidence during the disciplinary proceeding is factually credible and reliable, the report may be the sole basis for the hearing officer to render the disposition of an inmate rule violation charged.

Md. Code Regs. 12.03.01.22

Regulation .22 adopted effective 45:13 Md. R. 668, eff. 7/2/2018