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PDFWAC 137-28-285

Incarcerated individual rights.

(1) An incarcerated individual charged with a violation(s) has the right to:
(a) A fair and impartial hearing;
(b) Written notice of the alleged violation(s) and a summary of the supporting evidence at least 24 hours before the hearing;
(i) The notice shall include a statement of the rights listed in this section.
(ii) The incarcerated individual may waive the 24 hour notice.
(c) Be present at the hearing or waive presence at the hearing;
(d) Request a department advisor and/or an interpreter to assist the incarcerated individual in preparing for and participating in the hearing;
(e) Testify or remain silent;
(f) Call witnesses and present documentary evidence, though the hearing officer may exclude witnesses/evidence deemed irrelevant, duplicative, or unnecessary;
(g) Propose questions for the hearing officer to ask witnesses, although the hearing officer may exclude questions deemed irrelevant, duplicative, or unnecessary;
(h) Appeal the hearing officer's finding(s) and/or sanction(s) imposed to the superintendent within 15 business days of the hearing officer's decision.
(2) Incarcerated individuals do not have the right to:
(a) Cross-examine witnesses;
(b) Have the reporting staff member present at the hearing;
(c) Receive a polygraph or other supplemental tests;
(d) Examine physical evidence;
(e) Receive confidential information.
[Statutory Authority: RCW 79.01.090. WSR 23-22-112, § 137-28-285, filed 10/31/23, effective 12/1/23. Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-28-285, filed 9/24/15, effective 1/8/16.]
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