- (1) In reaching a decision, the hearing officer will consider the totality of the circumstances, the elements of the charged violation(s), all pertinent and exculpatory evidence presented at the hearing.
- (2) The hearing officer is authorized to find an incarcerated individual guilty of a lesser WAC violation without issuing a new infraction report or conducting a new hearing.
- (3) Where the evidence suggests an incarcerated individual is guilty of an offense not charged and which is not a lesser offense to a charged offense, the hearing officer may recommend that new charges be filed to address such offenses. The incarcerated individual may waive the right to a separate hearing and allow the hearing officer to conduct the hearing on the new charge.
- (4) The incarcerated individual shall be informed of the hearing officer's decision in writing within three business days of the hearing, unless extended by the superintendent.
- (5) The incarcerated individual shall be informed of their right to appeal the hearing officer's decision to the superintendent.
[Statutory Authority: RCW 79.01.090. WSR 23-22-112, § 137-28-310, 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, § 137-28-310, filed 9/24/15, effective 1/8/16; WSR 06-21-054, § 137-28-310, filed 10/13/06, effective 11/13/06. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. WSR 02-12-023, § 137-28-310, filed 5/28/02, effective 6/28/02. Statutory Authority: RCW 72.01.090. WSR 00-10-079, § 137-28-310, filed 5/2/00, effective 6/2/00. WSR 95-15-044, § 137-28-310, filed 7/13/95, effective 8/15/95.]