The formal disciplinary review process shall include the following
(1) The review shall be held by one or more neutral
and impartial persons who were not directly involved in the alleged
rule violation or the imposed sanction.
(2) All evidence shall be disclosed to the resident
(A) a law enforcement officer or prosecuting authority
requests the facility to withhold certain evidence; or
(B) the facility administrator documents that certain
evidence may create a breach of facility security or compromise the
safety of a resident or others.
(3) The resident shall have the opportunity to be heard
in person and to present evidence.
(4) The resident shall have the opportunity to present
(5) A staff member and/or translator shall be appointed
to assist the resident if:
(A) the resident is illiterate, limited English proficient,
or otherwise unable to understand the nature of the proceedings; or
(B) the resident requests assistance.
(6) If the review determines that the resident did
not commit a rule violation or that the sanction is not appropriate,
facility staff shall:
(A) not impose the sanction; or
(B) if the sanction has already been imposed, restore
or reinstate any denied or modified privileges or determine some form
of appropriate relief, if available.
(7) Once the review has been completed, the person(s)
who held the review shall prepare a written statement indicating the
evidence relied upon and the justification for the disposition. The
statement shall be made available to the resident for review and a
copy shall be retained in the resident's file.