The formal disciplinary review process shall, at a minimum, adhere to the following requirements:
  (1) Disciplinary reviews must be before a neutral and impartial person or board that shall not include any staff member directly involved in the alleged rule violation or the imposed sanction.
  (2) Provisions shall be made for the disclosure of the evidence against the resident accused with a rule violation. A facility may choose not to disclose all evidence against a resident when the facility can document that the evidence would likely:
    (A) interfere with a corresponding criminal investigation or prosecution;
    (B) create a significant breach of facility security; and/or
    (C) compromise the physical safety of a resident.
  (3) A resident shall have the opportunity to be heard in person and to present evidence on his or her behalf.
  (4) A resident shall have the opportunity to request relevant witnesses on his or her behalf.
  (5) A resident shall have the opportunity to secure the aid of a staff member if the resident is illiterate, disabled, or otherwise unable to understand the nature of the proceedings.
  (6) If the disciplinary review determines that the resident did not commit a rule violation or that the corresponding sanction was inappropriate, facility staff shall restore or reinstate any denied or modified resident privileges.
  (7) At the conclusion of a disciplinary review, a written statement by the individual who conducted the disciplinary review or disciplinary board shall be prepared indicating the evidence relied upon and 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 §355.634 adopted to be effective November 15, 2013, 38 TexReg 7973