Sec. 12.03.01.11. Disciplinary Proceeding Procedures — Hearing Officer

A. Hearing Officer. The hearing officer, as the fact finder, shall be fair and impartial and may:

(1) Interpret Department policy and procedures or the time or procedure requirements under this chapter;

(2) Make applicable rulings at any stage of the disciplinary process based on the hearing officer’s interpretation of Department policy and procedures;

(3) Weigh the evidence presented during the evidentiary phase and make findings of fact based upon evidence found credible and reliable by a preponderance of the evidence;

(4) Determine the disposition of each inmate rule violation charged;

(5) Determine the number, period, and effective date of sanctions to be imposed when applicable;

(6) Provide assistance with an investigation or other legal matters that may involve:

(a) The Department;

(b) A law enforcement agency;

(c) The Office of the Attorney General; or

(d) An office of a State or local government agency;

(7) Order the removal of any hearing participant from the location of the disciplinary proceeding if the hearing participant becomes disruptive or becomes a threat to the safety and security of the facility or any other hearing participant; and

(8) Perform other duties as assigned by the hearing officer supervisor or the Secretary, or a designee.

B. Facility Hearing Officer. A managing official, or a designee, may designate a facility hearing officer to act as a hearing officer without regard to whether a hearing officer is available to preside over disciplinary proceedings at the facility.

C. Ex Parte Communication - Permitted. Unless otherwise stated under this regulation, the hearing officer may:

(1) Elect to discuss a pending case and its evidentiary merits in the absence of the defendant, or, if designated, the facility representative with:

(a) Staff of the Office of the Attorney General;

(b) A law enforcement official;

(c) Staff assigned to the Department’s Intelligence and Investigative Division;

(d) The hearing officer supervisor, or a designee; or

(e) The Secretary, or a designee;

(2) Elect to discuss a non-evidentiary matter in the absence of the defendant, or, if designated, the facility representative regarding one or more of the following matters:

(a) Security or safety;

(b) A plea agreement;

(c) An informal resolution;

(d) A postponement request;

(e) A time requirement or procedure of a regulation under this chapter or Department policy or procedure; or

(f) Representation or witness request; or

(3) Elect to, without the defendant present:

(a) Question or take testimony from a witness or confidential informant witness whose identity may not be revealed to a defendant;

(b) Review or examine security sensitive evidence that may include a document, video record, or other security sensitive evidence in the presence of staff necessary for security and safety of the hearing officer, witness, confidential informant, or security sensitive evidence.