New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter IV - Minimum Standards And Regulations For Management Of Secure Facilities Operated By The Office Of Children And Family Service › Part 7405 - Discipline › Section 7405.6 - Hearing proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  resident charged with a rule violation for which a hearing is required shall be
				  served with a notice of hearing no later than eight business days after the
				  rule violation report is issued pursuant to section
				  7405.3(e) 
				  of this Part.
(b) Such written
				  notice of hearing shall be given to the resident at least 24 hours prior to the
				  commencement of the hearing, and such hearing shall be completed within five
				  business days of commencement, unless a delay is authorized by the Deputy
				  Commissioner of Rehabilitative Services or designee. When such a delay is
				  authorized, the record of the hearing should reflect the reasons for delay or
				  adjournment and the resident should be made aware of these reasons unless to do
				  so would jeopardize the safety, security, or good order of the facility or the
				  safety or security of another person. The time frames required by this
				  subdivision may be waived by the resident, but such waiver shall not be
				  effective unless made in writing.
(c) The facility director shall serve, or
				  appoint an impartial person to serve, as a hearing officer to conduct the
				  hearing proceedings.
(d) Residents
				  shall be allowed to be present at the hearing unless the resident has waived
				  the right to be present or the hearing officer determines that the resident's
				  presence will jeopardize the safety, security, or good order of the facility,
				  or the safety, security, or the health of another person. A waiver of the right
				  to be present shall be made in writing and signed by the resident. If the
				  resident refuses to sign such waiver, it shall be noted in the record. The
				  hearing officer's determination that a resident's presence will jeopardize the
				  safety, security, or good order of the facility or the safety, security, or the
				  health of another person shall be documented in the hearing record.
(e) Residents shall be given the opportunity
				  to speak on their behalf at the hearing, and shall be permitted to call
				  witnesses and present evidence in their defense if relevant and not redundant,
				  and when doing so would not jeopardize the safety, security, or good order of
				  the facility or the safety, security, or the health of another person. A
				  hearing officer's determination that the presence of a particular witness or
				  the introduction of particular evidence is irrelevant, redundant, or will
				  jeopardize the safety, security, or good order of the facility or the safety,
				  security, or the health of another person shall be documented in the hearing
				  record.
(f) If the hearing officer
				  calls witnesses, the resident may submit questions directed toward such
				  witnesses to the hearing officer. The hearing officer shall pose such questions
				  to the witness if relevant and not redundant, and when doing so would not
				  jeopardize the safety, security, or good order of the facility. The hearing
				  officer may restate such question if it is unclear or improper in form. A
				  hearing officer's determination that a particular question is irrelevant,
				  redundant, or will jeopardize the safety, security, or good order of the
				  facility or the safety, security, or the health of another person shall be
				  documented in the hearing record.
(g) Residents may be excluded from the
				  hearing during the interview of witnesses in accordance with subdivision (d) of
				  this section. The content of such interview shall be provided to the resident,
				  except for such information that, if provided, would jeopardize the safety,
				  security, or good order of the facility, or the safety, security, or the health
				  of another person.
(h) No charges
				  other than those contained in the rule violation report shall be presented
				  during the course of the hearing. Any additional charges brought against the
				  resident shall be treated as new charges and shall be subject to the
				  requirements of this Part.
(i) A
				  disposition shall be reached within five business days of the conclusion of the
				  hearing. The disposition shall be supported by evidence, shall be in writing,
				  and shall contain the following:
(1) a
				  finding of guilt or innocence on each charge of a rule violation;
(2) the evidence relied upon by the hearing
				  officer in reaching such finding; and
(3) the sanction(s) imposed, if
				  any.