Section 3481 - Claimant's Ability to Submit Grievances, Reasonable Accommodation Requests, and Appeals(a) A claimant has the ability to submit one or more claims in a written grievance, a written reasonable accommodation request, or both (subject to the requirements in section 3482). In response, a claimant shall receive a written decision letter (as described in section 3483) clearly explaining the reasoning and the evidence in support of the decision for each claim. A claimant also has the ability to appeal one or more of those decisions (subject to the requirements in section 3484). In response, a claimant shall receive a written decision letter (as described in section 3485) clearly explaining the reasoning and the evidence in support of the decision for each claim.(b) Reviewing Authorities. (1) The Warden and Chief Deputy Warden at each institution are the primary Reviewing Authorities for all grievances and reasonable accommodation requests received at that institution. The Warden may authorize one or more Associate Wardens to also serve as Reviewing Authorities.(2) The Regional Parole Administrator and Chief Deputy Parole Administrator in each region are the primary Reviewing Authorities for all grievances and reasonable accommodation requests received in that region. The Regional Parole Administrator may authorize one or more Assistant Regional Administrators to also serve as Reviewing Authorities.(3) The Associate Director of the Office of Appeals shall serve as the primary Reviewing Authority for all appeals and answer them on behalf of the Secretary. The Associate Director may authorize one or more managers in the Office of Appeals to also serve as Reviewing Authorities.(c) A claimant may choose to informally resolve a claim; however, any attempt to informally resolve a claim shall not extend the time for submitting that claim in a grievance or an appeal.(d) Departmental staff shall not retaliate against a claimant for seeking to informally resolve a claim or for submitting a grievance, reasonable accommodation request, or appeal. In addition, staff shall not access grievances, reasonable accommodation requests, or appeals in the department's information technology system unless specifically assigned to respond to a claim or when fulfilling another legitimate business need.(e) A claimant does not have the right to grieve or appeal a policy, decision, action, condition, or omission that was not made by the department or departmental staff, but instead was made by an entity or official outside of the department, including, but not limited to, a county jail, the Department of State Hospitals, or the Interstate Commission for Adult Offender Supervision; nor by an entity or official that is quasi-independent of the department, including, but not limited to, the Board of Parole Hearings, the Prison Industry Authority, or the Commission on Correctional Peace Officer Standards and Training. This Article does not preclude a claimant from filing a complaint with the outside entity or official.(f) Forms. (1) CDCR Form 602-1/1824 (01/25), the "Grievance/Request for Reasonable Accommodation" form, hereby incorporated by reference, shall be made available to claimants at all housing units, libraries, law libraries, and parole offices statewide, and made available during face-to-face contact upon request.(2) CDCR Form 602-2 (Rev. 01/25), the "Appeal" form, hereby incorporated by reference, shall be made available to claimants as an attachment to each decision letter issued by an Office of Grievances.(3) CDCR Form 602-3 (Rev. 01/25), the "Request to Implement Overdue Remedy" form, shall be made available to claimants as an attachment to each decision letter issued by an Office of Grievances or the Office of Appeals containing a remedy.(g) Prior to submitting forms for review by an Office of Grievances or the Office of Appeals, a claimant may obtain two copies of the documents described in subsection (f) from a library or law library following the procedures described in section 3162; however, the time needed to copy the forms shall not extend the time for submitting that claim in a grievance or an appeal.(h) Departmental staff shall provide reasonable accommodations and comply with effective communication and documentation requirements if a claimant requests assistance based on a disability, lack of literacy, or need for translation services when submitting a grievance, reasonable accommodation request, or appeal; conducting a related interview; or receiving a decision letter issued by an Office of Grievances or the Office of Appeals. Staff shall do the same if they detect the need for such assistance or the claimant has a documented need for effective communication under the same circumstances.Cal. Code Regs. Tit. 15, § 3481
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
1. New section filed 12-3-90 as an emergency; operative 12-3-90 (Register 91, No. 6). A Certificate of Compliance must be transmitted to OAL by 4-2-91 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of printing error inadvertently omitting text (Register 91, No. 11).
3. Certificate of Compliance as to 11-28-90 order transmitted to OAL 3-21-91 and filed 4-22-91 (Register 91, No. 20).
4. Editorial correction of printing error in subsection (a) (Register 92, No. 5).
5. Amendment of subsections (a), (a)(5), (b) and (c) and new subsection (d) filed 9-13-2005; operative 9-13-2005 pursuant to Government Code section 11343.4(Register 2005, No. 37).
6. Renumbering of section 3481 to section 3472 and new section 3481 filed 3-25-2020 as an emergency; operative 6/1/2020 (Register 2020, No. 13). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2020 or emergency language will be repealed by operation of law on the following day.
7. Emergency filed 3-25-2020 and operative 6-1-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 42). A Certificate of Compliance must be transmitted to OAL by 3-9-2021 or emergency language will be repealed by operation of law on the following day.
8. Renumbering of section 3481 to section 3472 and new section 3481 refiled 2-25-2021 as an emergency, with amendments to subsection (f); operative 3/10/2021 (Register 2021, No. 9). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 10-8-2021 or emergency language will be repealed by operation of law on the following day.
9. Renumbering of section 3481 to section 3472 and new section 3481 refiled 10-4-2021 as an emergency, with amendments to subsection (f); operative 10/8/2021 pursuant to Government Code section 11346.1(d) (Register 2021, No. 41). A Certificate of Compliance must be transmitted to OAL by 1-6-2022 pursuant to Government Code section 11346.1(h) or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 10-4-2021 order, including amendment of section, transmitted to OAL 12-7-2021 and filed 1-5-2022; amendments operative 1/5/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 1).
11. Change without regulatory effect amending subsections (b)(1)-(3) and (f) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
12. Repealer and new section filed 12-26-2024 as an emergency; operative 1/1/2025 (Register 2024, No. 52). A Certificate of Compliance must be transmitted to OAL by 6-10-2025 or emergency language will be repealed by operation of law on the following day.