Section 28-526. HEARING BOARD DETERMINATIONS  


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    526.1If, after a hearing, the Board determines that the resident should be placed in segregation, the Board shall prepare, within three (3) working days of the hearing, a written statement containing the Board's decision and the factual information upon which the decision is based.

     

    526.2Except as provided in § 526.3, a copy of the entire written statement shall be furnished to the resident and the resident's representative within two (2) working days of its preparation.

     

    526.3If disclosing the name of any individual or any of the evidence on which the Board relied in making its determination would, in the Board's judgment, pose a threat to the safety of any resident or other person, or cause a riot or other major disturbance or damage to property, the Board shall include that determination in the written statement.

     

    526.4The Board may delete material designated under § 526.3 from the copy of the written statement given to the resident and the resident's counsel or substitute counsel. The Board shall specifically describe in the written statement the nature of information deleted (for example, "telephone call from anonymous informant," "testimony of eyewitness," or other similar designation).

     

    526.5If the Board makes any deletions, it shall transmit to the Administrator of the institution a copy of the entire record before the Board, including the entire written statement. This copy of the record shall be retained by the Administrator for a period of at least two (2) years from the date of the hearing.

     

source

Final Rulemaking published at 28 DCR 865, 896-97 (February 27, 1981).