| 32.
(1) The hearing of an allegation filed under section 30 (a) shall, subject to subsection (2), be held within 24 hours, excluding a Saturday, Sunday or holiday.
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| (2)
Where an extension of time is required, the director may postpone
the hearing for a period not exceeding 72 hours. |
| (3)
The inmate shall be present at the hearing, shall be advised of the nature of the allegation and may admit or deny the allegation.
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| (4)
When an inmate denies the allegation, the hearing shall consider the report of the officer who made the allegation and shall hear oral evidence of the officer who investigated the allegation.
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| (5)
The chairman of the disciplinary panel or the officer or other person hearing the allegation may call such further witnesses as he deems necessary, including witnesses requested by the inmate.
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| (6)
An inmate may give oral evidence and question witnesses.
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| (7)
The chairman of the disciplinary panel, or the officer or other person hearing the allegation, shall ensure that a transcript or tape recording of the hearing is made and that it includes the contents of the written allegation, any evidence given at the hearing, the determination made and any disposition imposed.
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| (8)
Where the hearing is before a disciplinary panel and its members are not unanimous in their decision on the determination, disposition or any other matter in the proceeding, the decision of the majority of members shall be the decision of the disciplinary panel.
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| (9)
After considering the evidence presented, the disciplinary panel, officer or other person, as the case may be, shall determine whether or not the inmate committed the alleged breach.
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