The formal disciplinary review process shall include the following elements:
  (1) The review shall be held by one or more neutral and impartial persons who were not directly involved in the alleged rule violation or the imposed sanction.
  (2) All evidence shall be disclosed to the resident unless:
    (A) a law enforcement officer or prosecuting authority requests the facility to withhold certain evidence; or
    (B) the facility administrator documents that certain evidence may create a breach of facility security or compromise the safety of a resident or others.
  (3) The resident shall have the opportunity to be heard in person and to present evidence.
  (4) The resident shall have the opportunity to present relevant witnesses.
  (5) A staff member and/or translator shall be appointed to assist the resident if:
    (A) the resident is illiterate, limited English proficient, or otherwise unable to understand the nature of the proceedings; or
    (B) the resident requests assistance.
  (6) If the review determines that the resident did not commit a rule violation or that the sanction is not appropriate, facility staff shall:
    (A) not impose the sanction; or
    (B) if the sanction has already been imposed, restore or reinstate any denied or modified privileges or determine some form of appropriate relief, if available.
  (7) Once the review has been completed, the person(s) who held the review shall prepare a written statement indicating the evidence relied upon and the justification for the disposition. The statement shall be made available to the resident for review and a copy shall be retained in the resident's file.

Source Note: The provisions of this §343.280 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective June 1, 2016, 40 TexReg 7430 and 41 TexReg 850