22 AAC 05.450 - Disciplinary tribunal

(a) A disciplinary hearing held under 22 AAC 05.400 - 22 AAC 05.480 shall be heard by a disciplinary tribunal appointed by the superintendent. A single hearing officer or a three-person disciplinary committee may be appointed as a disciplinary tribunal. The superintendent shall appoint a single hearing officer as the disciplinary tribunal to hear a disciplinary action unless the superintendent determines appointment of a three-person disciplinary committee is necessary because the disciplinary report concerns an alleged major infraction under 22 AAC 05.400(b).

(b) A person is disqualified from serving as a hearing officer or disciplinary committee member if the person

(1) wrote the disciplinary report concerning the alleged rule violation;

(2) investigates or assists in the investigation of the alleged rule violation;

(3) has knowledge of the facts of the event or incident which form the basis for the disciplinary report unless the facts of the incident have become common knowledge in the facility; in that case, the person may serve on the disciplinary tribunal if the person has no direct involvement in the incident and can decide the adjudicative phase of the hearing solely on the facts presented at the hearing;

(4) is assigned to review the decision of the disciplinary tribunal;

(5) is a witness to the alleged infraction; or

(6) cannot, for any reason, remain impartial toward the prisoner.

Notes

22 AAC 05.450

Eff. 9/10/77, Register 63; am 1/9/87, Register 101; am 11/13/99, Register 152

Authority:AS 33.20.050

AS 33.30.011

AS 33.30.021

AS 44.28.030