WAC 137-28-210
Hearing officers. (1) Each hearing shall
be conducted by a hearing officer(s) within the
rank/classification of lieutenant or above, or corrections
specialist, designated by the superintendent.
(2) The hearing officer(s) will receive training in the
disciplinary process and in the identification of inmates who
may be impaired in their ability to understand the hearing
process and participate in their own defense.
(3) Hearing officers may not function in that capacity
when they have direct personal involvement in the infraction
under consideration. Such officers must disqualify themselves
by giving notice to the superintendent, who will select a
replacement.
(4) Direct personal involvement as that phrase is used in
this section shall mean knowledge or interest acquired through
witnessing or directly participating in the incident under
consideration. This rule shall not preclude hearing officer
participation where the hearing officer has acquired knowledge
or interest indirectly or through review of the incident
conducted as part of regular institutional responsibilities.
(5) Hearing officers may disqualify themselves or may be
disqualified by the superintendent if actually biased for or
against any inmate so that they cannot render a fair judgment
in the hearing.
(6) Hearing officers must notify an infracted inmate if
they are related to the infracting officer or the victim. The
inmate may request another hearing officer or continue with
the same hearing officer.
[06-24-087, § 137-28-210, filed 12/4/06, effective 1/4/07. 95-15-044, § 137-28-210, filed 7/13/95, effective 8/15/95.]
NOTES:
Reviser's note: Under RCW RCW 34.05.030 (1)(c), as amended by section 103, chapter 288, Laws of 1988, the above section was not adopted under the Administrative Procedure Act, chapter 34.05 RCW, but was published in the Washington State Register and codified into the Washington Administrative Code exactly as shown by the agency filing with history notes added by the code reviser's office.