401 Neb. Admin. Code, ch. 2, § 006

Current through September 17, 2024
Section 401-2-006 - APPEALS

A youth may appeal a decision of the disciplinary committee, including the determined consequences, to the facility administrator or his designee. Appeals are subject to the provisions of this section.

006.01TIME FRAME. A youth has the right to appeal decisions of the disciplinary committee within 15 days of receiving notice of the decision.
006.02APPEAL PROCEDURE. A Youth Rehabilitation and Treatment Center will have written procedures governing the appeal process. All appeals must be submitted in accordance with the facility's procedures.
006.03APPEAL DETERMINATION. Appeal decisions will be made by the facility administrator or designee. The factors that may be considered during the appeal process are as follows:
(A) Whether there was substantial compliance with the facility's policy and procedures in determining the consequences for the youth;
(B) Whether the decision of the committee was based on substantial evidence, including the introduction of new evidence; and
(C) Whether, under the circumstances, the consequence imposed was proportionate to the offense.

401 Neb. Admin. Code, ch. 2, § 006

Adopted effective 5/17/2022