(1) When possible, hearings will be held in the facility where the violation(s) occurred. If the incarcerated individual is transferred to another facility before a hearing is conducted, the sending facility will provide the infraction report, along with any supporting documents, to the receiving facility.

(2) In preparation for the hearing, the hearing clerk or designee shall, at least 24 hours before the hearing:

(a) Provide copies of the infraction report and nonconfidential supporting documents, including a summary of the supporting evidence, to the incarcerated individual;

(b) Advise the incarcerated individual in writing of the date, time, and location of the hearing and of the rights, restrictions, and responsibilities listed in this chapter;

(c) Obtain written acknowledgment of the incarcerated individual's receipt of the infraction report and any supporting documents;

(d) Determine whether the incarcerated individual wishes to contest the allegation;

(e) Determine whether the incarcerated individual needs a department advisor and/or an interpreter. If assigned, the department advisor and/or interpreter will remain in place throughout the hearing process, unless the incarcerated individual declines assistance.

(3) If an incarcerated individual is in segregation, the hearing will be held within three business days of service of the infraction report and any supporting documents, unless the incarcerated individual has waived 24 hour notice for the hearing or the hearing is continued in writing by the hearing officer. A staff member may be assigned to assist in obtaining witness statements.

If a hearing is continued, a determination shall be made in writing whether the incarcerated individual should remain in segregation.

(4) For incarcerated individuals not in segregation, the hearing will be held within five business days of service of the infraction report and any supporting documents.