Appeal Procedures

(1) All inmates may appeal the finding or sanction(s) of the Hearing Officer to the Superintendent within 15 days following the inmate's receipt of the Hearing Officer's written decision. If the 15 day of this appeal period does not fall on a business day, this day will not th count and the next business day shall be counted as the 15 day. In matters in which a DDU th sanction is recommended, the appeal shall be to the Deputy Commissioner of the Prison Division or a designee. (2) The Superintendent, as the appellate authority, may sustain the finding and sanction recommendation(s) of the Hearing Officer, order a rehearing, reduce or suspend the recommended sanction, dismiss the offenses, or take whatever remedial action the Superintendent deems appropriate. The Superintendent may take into consideration an inmate's documented disability upon appeal. In no event shall the Superintendent increase any sanction recommendation on an appeal from a decision of the Hearing Officer, but may decrease the recommended sanctions as defined in 103 CMR 430.25. The Superintendent shall normally decide an appeal within 30 days of its receipt and notify the inmate in writing of the decision with supporting reasons. If a rehearing is ordered, the disciplinary process shall recommence from service of the disciplinary report. A new Hearing Officer shall be assigned to conduct the rehearing. (3) The Commissioner or a designee may appoint an individual or group of individuals to serve as the appellate authority in place of the Superintendent or Deputy Commissioner of the Prison Division in any disciplinary case or class of cases.