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7 AAC 52.305. Disciplinary action, minor infractions. Minor infractions that may not result in the loss of substantial privileges or transfer to a more restrictive status may be dealt with informally. A resident must be informed of the charge and given an opportunity to be heard before the superintendent or the superintendent’s designee. (Eff. 7/3/80, Register 74; am 1/14/2000, Register 153) Statutory Authority: Authority: AS 44.30.020 AS 47.14.010 AS 47.14.050

AS 47.06.010 AS 47.14.020 AS 47.14.100 Editor’s note: Effective July 1, 2022, Executive Order 121 split the former Department of Health and Social Services into the Department of Health and the Department of Family and Community Services. As of Register 242 (July 2022), the regulations attorney made conforming technical revisions under sec. 138, E.O. 121 and AS 44.62.125(b)(6), to the authority citation that follows 7 AAC 52.305 to substitute references to AS 44.30.020 and AS 47.06.010 for the former reference to AS 47.05.010. 7 AAC 52.310. Disciplinary action, major infractions. (a) When an infraction may result in the loss of substantial privileges or long-term transfer of five or more days to a more restrictive status, the following procedural requirements must be met:

(1) Notice. The resident must be informed verbally of the intent to prefer a charge, and must be given written notice at least 24 hours before a scheduled hearing before the review board. The notice must state the rule violated, the alleged conduct, and the time and place of hearing. It must further state that the resident may bring to the hearing a representative of the resident’s choice as described in 7 AAC 52.325, and that the resident may call witnesses.

(2) Hearing. The review board shall hear and decide the case within seven days after verbal notice; however, the superintendent may extend the time of hearing up to an additional seven days when the investigation of a major infraction has not been fully completed. The resident must be given a copy of the decision of the review board; and a record of the hearing must be made.

(3) Appeal. The resident may appeal the decision of the review board to the