Section 28-708. APPEALS

 

708.1At the conclusion of a hearing in which a sanction has been imposed, the Disciplinary Team must advise the defendant of his/her right to appeal the decision to the CCC Administrator/Director.

 

708.2The appeal must be filed within three (3) days following the delivery of written hearing results to the defendant.

 

708.3The appeal must be sent to the CCC Administrator/Director; however, the sanction may be imposed prior to the Administrator's/Director's decision concerning the appeal.

 

708.4The appeal must contain the defendant's version of the facts and the argument outlining the specific aspects of the hearing that the defendant is appealing.

 

708.5The CCC Administrator/Director must act on the appeal within five (5) days, excluding holidays and weekends, of receipt of the appeal, and may take one of the following actions:

 

(a)Affirm the actions of the Disciplinary Team;

 

(b)Dismiss the actions of the Disciplinary Team and dismiss the sanction;

 

(c)Modify the decision by reducing or suspending the sanction.

 

708.6The CCC Administrator/Director shall consider the merit of appeals based upon the following factors:

 

(a)Whether there was evidence to support the charges;

 

(b)Whether there was substantial compliance with applicable disciplinary policies and procedures;

 

(c)Whether the sanctions imposed were proportionate to the rule violation.

 

708.7The decision of the CCC Administrator/Director shall be final and exhausts the defendant's available administrative recourse under these rules.

 

source

Final Rulemaking published at 49 DCR 4558, 4569 (May 17, 2002).