1. (1) An incarcerated individual charged with a violation(s) has the right to:

   1. (a) A fair and impartial hearing;

   2. (b) Written notice of the alleged violation(s) and a summary of the supporting evidence at least 24 hours before the hearing;

      1. (i) The notice shall include a statement of the rights listed in this section.
      2. (ii) The incarcerated individual may waive the 24 hour notice.
   3. (c) Be present at the hearing or waive presence at the hearing;
   4. (d) Request a department advisor and/or an interpreter to assist the incarcerated individual in preparing for and participating in the hearing;
   5. (e) Testify or remain silent;
   6. (f) Call witnesses and present documentary evidence, though the hearing officer may exclude witnesses/evidence deemed irrelevant, duplicative, or unnecessary;
   7. (g) Propose questions for the hearing officer to ask witnesses, although the hearing officer may exclude questions deemed irrelevant, duplicative, or unnecessary;
   8. (h) Appeal the hearing officer's finding(s) and/or sanction(s) imposed to the superintendent within 15 business days of the hearing officer's decision.

2. (2) Incarcerated individuals do not have the right to:

   1. (a) Cross-examine witnesses;
   2. (b) Have the reporting staff member present at the hearing;
   3. (c) Receive a polygraph or other supplemental tests;
   4. (d) Examine physical evidence;
   5. (e) Receive confidential information.

[Statutory Authority: RCW 79.01.090. WSR 23-22-112, § 137-28-285, filed 10/31/23, effective 12/1/23. 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.]