83-4,121. Disciplinary proceeding; when commenced; exception.
No disciplinary proceeding shall be commenced more than eight calendar days after the infraction or the discovery of such infraction unless the committed person is unable or unavailable for any reason to participate in a disciplinary proceeding.
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An inmate not prejudiced by a violation of this section's 8-day requirement has not suffered a violation of his or her due process rights. Billups v. Nebraska Dept. of Corr. Servs. Appeals Bd., 238 Neb. 39, 469 N.W.2d 120 (1991).
This section requires only that disciplinary action be commenced within eight days, not that the hearing be completed within that period. A disciplinary proceeding, under this section, commences when written notice of the alleged infraction is served upon the inmate. Johnson v. Vitek, 205 Neb. 745, 290 N.W.2d 190 (1980).
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