DECISION AND ORDER
William R. Stokes, Justice
matter before the court is an appeal by Jason Grant, an
inmate at the Maine State Prison, from a disciplinary
proceeding that resulted in the imposition of sanctions
against him for the offense of "trafficking, " a
Class A violation. This appeal has been brought in accordance
with 5 M.R.S. §11001-11008 (Administrative Procedure
Act) and M.R.Civ.P. 80C.
AMD PROCEDURAL BACKGROUND
disciplinary incident report dated January 21, 2015 Cpl,
Newth charged the Petitioner with the Class A violation of
"trafficking, " alleged to have occurred on January 20,
2015. (Disciplinary Case No. MSP-2015-0098). The report
described the violation as follows:
"The IPS [Inner Perimeter Security] team has been
monitoring inmate_______for the potential involvement in
trafficking in prison contraband, Numerous pieces of evidence
were collected which indicate that prisoners Grant, J. #13422
and ____along with, at least two civilians were involved in
illicit activities. The above mentioned evidence is
considered confidential and secured in the IPS office, any
questions contact IPS.
(Administrative Record, A.R., at 2).
Petitioner was notified on January 23, 2015 that his
disciplinary hearing would be conducted on January 26, 2015.
A.R. at 1. The hearing was actually held on January 30, 2015.
The Summary of Hearing documented that the Petitioner had
pled not guilty to the charge and contained the following
"Prisoner requested that the hearing be recorded. I told
the prisoner no that the hearing would not be recorded. He
stated that he was not guilty and that there is no evidence
indicating that he was guilty of trafficking. He requested a
notice of hearing."
A.R. at 5.
hearing officer found the Petitioner guilty and gave the
"Prisoner has been found guilty of the trafficking
charge based on the evidence that I.P.S. has in the office. 1
had the evidence shown to me. Given this information I do
believe that the prisoner is guilty."
hearing officer recommended 30 days of disciplinary
restriction, 30 days loss of good time and a $100 monetary
sanction. A.R. at 6.
Petitioner filed a timely appeal. A.R. at 7-8. He maintained
that he was not guilty of the offense and made reference to
an affidavit he asserted was submitted to the hearing
officer. The Administrative Record, however, does not contain
any such affidavit. The designee of the Chief Administrative
Officer denied the appeal and affirmed the decision and
recommended disposition of ...