Section R. 791.5501 - Major misconduct; minor misconduct; hearing; confiscation and disposition of contrabandRule 501.
(1) An alleged violation of department rules shall be classified as major misconduct or minor misconduct on the basis of the seriousness of the act and the disciplinary sanctions allowed. The director shall determine what constitutes major and minor misconduct, the time limits for conducting hearings, and the range of disciplinary sanctions which may be imposed upon a finding of guilt.(2) A prisoner charged with major misconduct shall be provided a formal hearing conducted in accordance with R 791.11903. A prisoner charged with minor misconduct shall be provided a fact-finding hearing conducted in accordance with R 791.3310. Upon a finding of guilt of major or minor misconduct, the prisoner shall be subject to the disciplinary sanctions ordered by the hearing officer.(3) A prisoner may plead guilty to a minor misconduct and waive a hearing by signing a written waiver. If the waiver is accepted, disciplinary sanctions may be imposed by the department official accepting the waiver.(4) In addition to the disciplinary sanctions imposed by the hearing officer, a prisoner who is found guilty of a major misconduct shall be subject to both of the following provisions:(a) A prisoner who is subject to good time or disciplinary credits will not earn good time or disciplinary credits during the month in which the major misconduct violation occurred. The warden also may forfeit previously earned good time and disciplinary credits pursuant to R 791.5513, and not grant special good time and special disciplinary credits.(b) A prisoner who is subject to disciplinary time will accumulate disciplinary time for the major misconduct pursuant to R 791.5515.(5) Property determined to be contraband at a misconduct hearing or based on a waiver accepted pursuant to this rule shall be confiscated and disposed of in accordance with department policy as directed by the hearing officer or department official who accepted the waiver.Mich. Admin. Code R. 791.5501
1979 AC; 1987 AACS; 2002 AACSAn obvious error in R 791.5501 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Annual Administrative Code Supplement, 2002 AACS. The memorandum requesting the correction was published in Michigan Register, 2016 MR 24