SECTION 355.636. Appeal of Disciplinary Review

A resident may appeal the findings of a disciplinary review. The facility's resident discipline plan shall include at least the following:

(1) provisions for a documented appeals process before a neutral and impartial person or persons who are not members of the disciplinary board. The appeals process shall afford each of the due process provisions enumerated in §355.634(2) - (7) of this title;

(2) provisions that require the resident to submit the written request for an appeal no later than seven calendar days after a disposition is rendered in the disciplinary review;

(3) provisions that require the resident's appeal to be heard within 30 calendar days after resident's request; and

(4) provisions for a written statement by the appeals officer or appellate board at the conclusion of the review 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 §355.636 adopted to be effective November 15, 2013, 38 TexReg 7973