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137-104-050  <<  137-104-051 >>   137-104-060

PDFWAC 137-104-051

Negotiated sanction review.

(1) An offender alleged to have committed a high level violation may waive the hearing and recommend a sanction that is negotiated with the department.
(2) The negotiated sanction shall be reviewed by a hearing officer in the department's hearing unit. A negotiated sanction review shall be considered an offender disciplinary proceeding and shall not be subject to chapter 34.05 RCW, the Administrative Procedure Act.
(3) The hearing officer will determine whether:
(a) The offender knowingly and voluntarily admits guilt to all allegations;
(b) The offender knowingly and voluntarily waives his or her right to a hearing and appeal; and
(c) The recommended sanction is reasonable and within the parameters of department policy.
(4) The hearing officer may reject the negotiated sanction and set the matter over to a hearing.
(5) The negotiated sanction review will be recorded and documented in writing.
[Statutory Authority: RCW 72.01.090. WSR 19-19-044, ยง 137-104-051, filed 9/12/19, effective 10/13/19.]
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