Section 28-511. HEARING PROCEDURES  


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    511.1At the adjustment hearing, the report shall be read to the resident, subject to the limitation set forth in § 507.10.

     

    511.2After the report has been read, the resident or the resident's representative shall be given an opportunity to make an opening statement.

     

    511.3After the resident's opening statement, if any, the Board may pose questions to the resident or his or her representative; provided, that if a resident is charged with an offense for which the resident may also be subject to criminal prosecution, the resident shall be advised of the following:

     

    (a)That the resident is not required to make a statement; and

     

    (b)That any statement made may be used against the resident in a subsequent criminal prosecution.

     

    511.4If a resident is charged with an offense for which the resident may also be subject to criminal prosecution, the Board may pose questions to the resident or the resident's representative only after the Board is satisfied that the resident knowingly and voluntarily wished to make a statement.

     

    511.5A record of the hearing shall be made and preserved. The record shall be made by tape recording; provided, that if tape recording is impossible, the record shall be made by reasonably detailed minutes.

     

    511.6The record shall be preserved for at least two (2) months after all administrative review is completed.

     

    511.7If the resident wishes to appeal, the resident (or his or her counselor substitute counsel) may listen to the tape or read the minutes.

     

source

Final Rulemaking published at 28 DCR 865, 883-84 (February 27, 1981).