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WAC 137-28-285: Offender Rights

Published: 2015

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WACs > Title 137 > Chapter 137-28 > Section 137-28-285



Agency filings affecting this section

(Effective January 8, 2016.)
WAC 137-28-285

Offender rights.

(1) An offender 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 twenty-four hours before the hearing; (i) The notice shall include a statement of the rights listed in this section. (ii) The offender may waive the twenty-four 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 offender 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 fifteen business days of the hearing officer's decision. (2) Offenders 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 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.]