Section 137-28-310. Decision of hearing officer.

(1) In reaching a decision, the hearing officer will consider only the evidence presented at the hearing.

(2) The hearing officer is authorized to find an inmate guilty of a lesser included offense without issuing a new infraction report or conducting a new hearing.

(3) Where the evidence suggests an inmate is guilty of an offense not charged and which is not a lesser included offense to a charged offense, the hearing officer may recommend that new charges be filed to address such offenses. The inmate may waive the right to a separate hearing and allow the hearing officer to conduct the hearing on the new charge.

(4) The offender shall be informed of the hearing officer's decision in writing within three business days of the hearing, unless extended by the superintendent.

(5) The offender shall be informed of his/her right to appeal the hearing officer's decision to the superintendent.

[Statutory Authority: RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-28-310, filed 9/24/15, effective 1/8/16; WSR 06-21-054, § 137-28-310, filed 10/13/06, effective 11/13/06. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 02-12-023, § 137-28-310, filed 5/28/02, effective 6/28/02. Statutory Authority: RCW 72.01.090. WSR 00-10-079, § 137-28-310, filed 5/2/00, effective 6/2/00. WSR 95-15-044, § 137-28-310, filed 7/13/95, effective 8/15/95.]

RCW 72.01.090, 72.65.100, and 72.09.130. WSR 15-20-011, § 137-28-310, filed 9/24/15, effective 1/8/16; WSR 06-21-054, § 137-28-310, filed 10/13/06, effective 11/13/06. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 02-12-023, § 137-28-310, filed 5/28/02, effective 6/28/02. Statutory Authority: RCW 72.01.090. WSR 00-10-079, § 137-28-310, filed 5/2/00, effective 6/2/00. WSR 95-15-044, § 137-28-310, filed 7/13/95, effective 8/15/95.