Section 373.77. Disciplinary hearing: hearing officers.

 

(1)  The superintendent shall designate staff to serve as hearing officers who make decisions in disciplinary hearings.

(2)  The superintendent may designate 2 or 3 hearing officers to function as a hearing committee assigned to fulfill the role of a single hearing officer in a disciplinary hearing. If a hearing committee is designated to conduct the disciplinary hearing, a decision shall be rendered as follows:

(a) A decision by a committee of 3 requires the concurrence of a majority of members of the committee.

(b) A decision by a committee of 2 must be unanimous. If a unanimous decision cannot be reached, the matter shall be referred to the superintendent for decision.

(3)  No person who was directly involved in an incident which is the subject of a disciplinary hearing may serve as hearing officer or be on the committee for that disciplinary hearing.

(4)  The hearing officer or committee shall base its findings, conclusions and decisions on discipline solely on this chapter and the evidence which was presented at the disciplinary hearing.

History: Cr. Register, June, 2000, No. 534 , eff. 7-1-00.