(1) If an error is discovered at any time after an inmate has been found guilty of a disciplinary infraction, the warden, the facility administrator of a private facility, or the deputy director of institutions (classification) or designee is authorized to cause a rehearing to take place within 30 days of the discovery of the error or the receipt of a successful grievance or appeal. The individual ordering the rehearing shall note the specific reasons for the rehearing on the disciplinary report. A rehearing shall not be held following a finding of “”not guilty.””

Terms Used In Florida Regulations 33-601.310

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
    (2) The investigation may incorporate those portions of the previous investigation that are not affected by the need for the rehearing. The rehearing shall proceed according to the provisions of Fl. Admin. Code R. 33-601.307 No inmate is authorized to request a rehearing.
Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.719, 945.04 FS. History-New 10-1-95, Formerly 33-22.0105, Amended 5-21-00, 2-11-01.

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