A resident may appeal the findings of a disciplinary review. The facility's resident discipline plan shall minimally include:

1. (1) provisions for a documented appeals process before a neutral and impartial person or persons not a member of the disciplinary board. The appeals process shall afford each of the due process provisions enumerated in §343.280(2) - (7) of this chapter;
2. (2) provisions that require the resident to submit the request for an appeal no later than seven calendar days after a disposition is rendered in the disciplinary review;
3. (3) provisions that require the resident's appeal to be heard within 30 calendar days of resident's request; and
4. (4) provisions for a written statement by the appeals officer or appellate board at the conclusion of the review indicating the evidence relied upon and 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.

Source Note:The provisions of this §343.282 adopted to be effective January 1, 2010, 34 TexReg 7095.