WAC 137-28-380   Appeal to superintendent.  (1) An inmate or the inmate's staff advisor may appeal the decision of the hearing officer to the superintendent by filing a written request for review with his/her reasons with the clerk within fifteen days, exclusive of weekends and holidays, after receiving notice of the decision of the hearing officer. The superintendent may consider appeals filed beyond the fifteen-day period.

     (2) The clerk shall promptly transmit the appeal and the hearing record to the superintendent.

     (3) The superintendent shall act on the appeal within ten working days of its receipt. The superintendent may affirm the decision of the hearing officer; reduce the charge to a lesser included offense; reduce a #728 serious infraction to a #328 general infraction based upon mitigating factors; reduce the severity of the sanctions imposed; vacate the judgment of the hearing officer; or remand the matter for a new hearing. Any new hearing may not result in an increase in the severity of the sanctions originally imposed unless the inmate is charged with related or additional offenses.

     (4) The inmate shall be notified promptly of the decision of the superintendent.

     (5) Sanctions are not stayed upon appeal.



[Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. 06-21-054, § 137-28-380, filed 10/13/06, effective 11/13/06. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. 02-12-023, § 137-28-380, filed 5/28/02, effective 6/28/02. Statutory Authority: RCW 72.01.090. 00-10-079, § 137-28-380, filed 5/2/00, effective 6/2/00. 95-15-044, § 137-28-380, filed 7/13/95, effective 8/15/95.]