Section 3482 - Preparation and Submittal of a Grievance, Reasonable Accommodation Request, or both(a) Where to submit a grievance, reasonable accommodation request, or both. (1) An incarcerated person who wishes to submit a grievance or reasonable accommodation request shall do so in writing to the Office of Grievances at the institution where they are housed. If the claimant is housed at a re-entry facility or fire camp, then they shall submit the grievance or reasonable accommodation request to the Office of Grievances designated for that location. Every Warden shall issue a local rule in compliance with subdivision (c) of section 5058 of the Penal Code, identifying the address where grievances and reasonable accommodation requests may be mailed, the availability of electronic kiosks or tablets for submitting grievances and reasonable accommodation requests, the physical location of all lockboxes where grievances and reasonable accommodation requests may be submitted, and the specific departmental staff permitted to collect grievances and reasonable accommodation requests from those lockboxes. Grievances and reasonable accommodation requests shall be collected from lockboxes at least once per business day by staff not regularly assigned to that housing unit. If a written grievance or reasonable accommodation request is received by staff any other way, then it shall be forwarded to the Office of Grievances where the claimant is housed. Additional local processes and procedures regarding the preparation and submittal of a grievance or reasonable accommodation requests may be promulgated by the Division of Adult Institutions so long as they are consistent with this Article, pursuant to subdivision (c)(1) of section 5058 of the Penal Code.(2) A supervised person who wishes to submit a grievance or reasonable accommodation request shall do so in writing to the Office of Grievances in the parole region where they are supervised. Every Regional Director, in consultation with the Director of the Division of Adult Parole Operations, shall issue a written advisement no later than 15 calendar days after the claimant begins parole identifying the address where grievances and reasonable accommodation requests may be mailed, the availability of electronic kiosks or tablets for submitting grievances and reasonable accommodation requests, and the physical location of all lockboxes where grievances and reasonable accommodation requests may be submitted. Grievances and reasonable accommodation requests shall be collected from lockboxes at least once per business day. If a written grievance or reasonable accommodation request is received by departmental staff any other way, then it shall be forwarded to the Office of Grievances in the region where the claimant is supervised. Additional local processes and procedures regarding the preparation and submittal of a grievance or reasonable accommodation requests may be promulgated by the Division of Adult Parole Operations so long as they are consistent with this Article, pursuant to subdivision (c)(1) of section 5058 of the Penal Code.(b) Time constraints. (1) A claimant shall submit a grievance no later than 60 calendar days after discovering an adverse policy, decision, action, condition, or omission by the department. Discovery occurs when a claimant knew or should have reasonably known of the adverse policy, decision, action, condition, or omission.(2) The time constraint to submit a grievance shall be extended for the period of time that a claimant is:(A) in the custody of another authority for court proceedings;(B) in the care of an outside hospital;(C) temporarily housed in a medical or mental health crisis bed; or(D) actively and directly engaged in fire suppression.(3) Grievances deemed untimely shall be rejected pursuant to subsection 3483(g)(6)(A). Even if rejected, all allegations of staff misconduct shall be referred for a routine review or an investigation.(c) To submit a grievance or reasonable accommodation request, a claimant shall type or print legibly on an official CDCR Form 602-1/1824 or complete the form electronically, if available, and include the following;(1) for grievances, describe all information known and available to the claimant regarding the claim, including key dates and times, names and titles of all involved departmental staff (or a description of those staff), and names and titles of all witnesses, to the best of the claimant's knowledge;(2) for grievances, describe any attempt to resolve the claim informally and, if there was such an attempt, provide the details of that attempt, including key dates and times, names and titles of all involved departmental staff (or a description of those staff), and the results of that attempt, to the best of the claimant's knowledge;(3) for reasonable accommodation requests, describe the limitation, the cause of the limitation, and the accommodation requested;(4) for grievances and reasonable accommodation requests, include all supporting documents available to the claimant related to the claim or identify to the best of the claimant's ability all relevant records with sufficient specificity for those records to be located; and(5) for grievances and reasonable accommodation requests, sign and date the CDCR Form 602-1/1824.(d) When submitting a grievance or reasonable accommodation request, a claimant shall not:(1) use threatening, obscene, demeaning, or abusive language, except when quoting persons involved in the claim;(2) include information or accusations known to the claimant to be false; or(3) contaminate the submission by including organic, toxic, or hazardous materials that may threaten staff safety or institutional security, in which case the submission shall be safely discarded and disallowed. The claimant may re-submit the same claim or claims so long as it is submitted within the time constraints set forth in subsection (b).(e) The entire submission shall be returned to the claimant with the acknowledgement of receipt described in subsection 3483(c).(f) The entire submission from the claimant shall be stored electronically by the department.Cal. Code Regs. Tit. 15, § 3482
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 11-28-90 as an emergency; operative 11-28-90 (Register 91, No. 6). A Certificate of Compliance must be transmitted to OAL by 3-28-91 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 11-28-90 order transmitted to OAL 3-21-91 and filed 4-22-91 (Register 91, No. 20).
3. Amendment filed 9-13-2005; operative 9-13-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 37).
4. Change without regulatory effect amending subsection (a)(12)(R) filed 1-25-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 4).
5. Amendment of subsections (a), (a)(4)-(5) and (a)(12)(K) and amendment of Note filed 10-18-2007 as an emergency; operative 10-18-2007 (Register 2007, No. 42). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-26-2008 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-18-2007 order transmitted to OAL 2-4-2008 and filed 3-18-2008 (Register 2008, No. 12).
7. Amendment of subsection (a)(12)(I) filed 12-13-2010 as an emergency; operative 1-28-2011 (Register 2010, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-7-2011 or emergency language will be repealed by operation of law on the following day.
8. Amendment of subsection (a)(13)(B) filed 6-14-2011; operative 7-14-2011 (Register 2011, No. 24).
9. Certificate of Compliance as to 12-13-2010 order transmitted to OAL 6-15-2011 and filed 7-28-2011 (Register 2011, No. 30).
10. Renumbering of section 3482 to section 3473 and new section 3482 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.
11. 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.
12. Renumbering of section 3482 to section 3473 and new section 3482 refiled 2-25-2021 as an emergency, with amendments to subsections (c)(1), (c)(5), (d) and (e); 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.
13. Renumbering of section 3482 to section 3473 and new section 3482 refiled 10-4-2021 as an emergency, with amendments to subsections (c)(1), (c)(5), (d) and (e); 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.
14. 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).
15. Change without regulatory effect amending subsections (a)(1)-(2) and (b)(2) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
16. 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.