28 C.F.R. § 541.19 Appeals from Unit Discipline Committee or Discipline Hearing Officer actions.
Title 28 - Judicial Administration
At the time the Unit Discipline Committee or Discipline Hearing Officer gives an inmate written notice of its decision, the UDC or DHO shall also advise the inmate that the inmate may appeal the decision under Administrative Remedy Procedures (see part 542 of this chapter). An inmate's initial appeal of a decision of the DHO should be filed directly to the appropriate Regional Office. The inmate should forward a copy of the DHO report or, if not available at the time of filing, should state in his appeal the date of the DHO hearing and the nature of the charges against the inmate. On appeals, the appropriate reviewing official (the Warden, Regional Director, or General Counsel) may approve, modify, reverse, or send back with directions, including ordering a rehearing, any disciplinary action of the Unit Discipline Committee or Discipline Hearing Officer but may not increase any valid sanction imposed. On appeals, the appropriate reviewing authority shall consider: (a) Whether the Unit Discipline Committee or the Discipline Hearing Officer substantially complied with the regulations on inmate discipline; (b) Whether the Unit Discipline Committee or Discipline Hearing Officer based its decision on some facts, and if there was conflicting evidence, whether the decision was based on the greater weight of the evidence; and (c) Whether an appropriate sanction was imposed according to the severity level of the prohibited act, and other relevant circumstances.
Title 28: Judicial Administration
PART 541—INMATE DISCIPLINE AND SPECIAL HOUSING UNITS
Subpart B—Inmate Discipline and Special Housing Units
§ 541.19 Appeals from Unit Discipline Committee or Discipline Hearing Officer actions.
