N.Y. Comp. Codes R. & Regs. tit. 7 § 253.6

Current through Register Vol. 46, No. 16, April 17, 2024

Section 253.6 - Method of determination

Upon receipt of a misbehavior report from the review officer, the hearing officer shall commence the disciplinary hearing as follows:

(a) The misbehavior report shall be served on the inmate at least 24 hours before the disciplinary hearing. If the inmate requests an assistant and is eligible for an assistant in accordance with the provisions of Subpart 251-4 of this Title, the hearing may not be held until 24 hours after the assistant's initial meeting with the inmate.

(b) The inmate shall be present at the hearing unless he refuses to attend, or is excluded for reason of institutional safety or correctional goals. The entire hearing must be electronically recorded.

(c) The inmate, when present, may reply orally to the charge and/or evidence and shall be allowed to submit relevant documentary evidence or written statements on his behalf.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 253.6