Section 303.87. Evidence.

 

(1)  Evidence is relevant if the evidence makes it appear more likely or less likely that the inmate committed the offense of which the inmate is accused.

(2)  

(a) A hearing officer may consider any relevant evidence, whether or not it would be admis sible in a court of law and whether or not any violation of any state law or any DOC administrative code provision occurred in the process of gathering the evidence.

(b) A hearing officer may refuse to hear or admit relevant evidence for any of the following reasons:

1. Unreliable.

2. Marginally relevant.

3. Unduly cumulative or repetitious.

(c) Request for evidence must be made within two days after the service of notice of major disciplinary hearing rights. This time frame may be extended by the security director for good cause.

(3)  The institution shall place the original conduct report and all due process documents in the inmate's record, excluding evidence which shall be maintained in accordance with department policy.

CR 11-022 : cr. Register September 2014 No. 705 , eff. 1-1-15.