1. A. The Secretary, or a designee, has the:

   1. (1) Authority and discretion to modify, suspend, or terminate the inmate disciplinary process consistent with due process; and
   2. (2) Final authority to interpret the time and procedure requirements of the inmate disciplinary process.
2. B. The Secretary, or a designee, without regard for a time or procedure requirement established under this chapter, may review a disciplinary proceeding or hearing officer’s decision regarding the inmate rule violation charged.

3. C. The Secretary, or a designee, without regard for a time or procedure requirement established under this chapter, may take an action regarding a disciplinary proceeding or hearing officer’s or staff’s decision regarding the inmate rule violation charged that includes, but is not limited to:

   1. (1) Remanding the inmate rule violation charged for:

      1. (a) A de novo or new inmate disciplinary proceeding; or
      2. (b) Other action permitted under this chapter;
   2. (2) Modifying or vacating a sanction imposed regarding the inmate rule violation found guilty or an informal disposition;
   3. (3) Reversing a decision regarding the inmate rule violation charged found guilty, not guilty, dismissed, not competent, or due to an informal resolution;
   4. (4) Reducing a decision regarding the inmate rule violation charged or an informal disposition to an incident report; or
   5. (5) Vacating the decision regarding the inmate rule violation charged found guilty, not guilty, dismissed, not competent, or reduction to an informal resolution.

Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

Effective date: July 2, 2018 (45:13 Md. R. 668)