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Harmless Error

Harmless Error

Hearing Officer committed harmless error by imputing “significant” risk into DO 5013.1E(4)(B) where the DO does not contain that qualifier, but prisoner posed no risk of offense by violent inmate or offense by an unruly inmate as required by this DO. In re Rocha, CSB 19-16A, 3 (7/6/17).

Admission of inmate witness written statements was at most harmless error because the rules of evidence are not strictly applied in administrative hearings, and the finding was also supported by the testimony of other witnesses. In re Kemp, CSB 19-13A, 4-5 (7/28/14).

Although the better practice would have been for Hearing Officer to advise the parties that he was taking administrative notice under CRE 201(e) that furlough days did not typically fall on a Tuesday, error was harmless in that furlough day was not the only factor supporting determination that appellant was not credible. In re Redacted, CSB 57-11A, n.2 (12/20/12).

Hearing Officer's citation to scientific or academic treatises not admitted into evidence was harmless error where it was only a small piece of the evidentiary foundation supporting the extensive factual and legal analysis and the ultimate conclusion. In re Ray, CSB 57-06, 2 (5/20/08).

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