N.Y. Comp. Codes R. & Regs. tit. 7 § 254.8

Current through Register Vol. 46, No. 17, April 24, 2024

Section 254.8 - Appeal procedures

Any inmate shall have the right to appeal the disposition of any superintendent's hearing, to which he was a party, to the commissioner within 30 days of receipt of the disposition. The commissioner or his designee shall issue a decision within 60 days of receipt of the appeal. The commissioner or his designee may:

(a) affirm the hearing disposition;

(b) modify the hearing disposition by dismissing certain charge(s) and/or reducing the penalty imposed;

(c) reverse the hearing disposition; or

(d) reverse the hearing disposition and order a new hearing. Whenever a new hearing is ordered pursuant to this subdivision, the penalty imposed at the new hearing may not exceed the penalty imposed at the original hearing.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 254.8