Section 3483 - Office of Grievances Review and Response(a) Initial Review. The Reviewing Authority over each Office of Grievances shall designate at least one official to assess each written grievance and reasonable accommodation request no later than one business day after its receipt. (1) If it contains information concerning an imminent risk to personal health or safety, to institutional security, or of sexual abuse, including allegations of sexual misconduct as defined by the federal Prison Rape Elimination Act and the California Sexual Abuse in Detention Elimination Act, then the official shall immediately refer the matter to the appropriate authority in the institution or parole region as required by all applicable laws and regulations.(2) If it contains information suggesting the threat of injury or other serious harm absent an accommodation, then the official shall determine whether an interim accommodation is necessary to mitigate the threat and if so, ensure the interim accommodation is provided no later than five business days after its receipt.(3) If it contains information suggesting the claimant's Earliest Possible Release Date (EPRD) is wrong and the claimant is scheduled to be released within 90 calendar days of its receipt, then a comprehensive review of the EPRD shall be conducted and the results provided to the claimant no later than 30 calendar days after receipt of the grievance.(4) If it contains information suggesting the claimant disagrees with the department's refusal to amend a record or file containing personal information pursuant to section 3450, then a comprehensive review of the matter shall be conducted and a final determination provided to the claimant no later than 30 calendar days after receipt as required by section 1798.36 of the Civil Code, unless the official conducting the comprehensive review notifies the claimant that the time period to complete the review was extended by 30 calendar days pursuant to that same section of the Civil Code.(b) The Grievance Coordinator shall ensure that the intake process described in subsection (a) is completed and each grievance and reasonable accommodation request is referred to the Centralized Screening Team no later than three business days after receipt of the grievance or reasonable accommodation request.(c) The Grievance Coordinator shall acknowledge receipt of each grievance and reasonable accommodation request to the claimant in writing no later than 14 calendar days after its receipt indicating the date the grievance was submitted, the date the grievance was received, the calculated date for the department's response, and whether the grievance was disallowed pursuant to subsection 3482(d)(3).(d) The Grievance Coordinator shall ensure that all claims returned from the Centralized Screening Team to the Office of Grievances are reviewed and answered in accordance with subsections (e) through (i) of this section.(e) Answering a claim.(1) The Grievance Coordinator shall assign all claims to a Reviewing Authority, who may delegate the claim to any supervisor, for the purpose of gathering relevant facts and recommending whether to grant or deny the claim. If the claim requires a routine review, then the Reviewing Authority who determines whether to grant or deny the claim shall be at least one rank higher than the highest-ranking employee accused of personal interaction resulting in the alleged staff misconduct.(2) The assigned supervisor shall conduct a complete review of each claim and ensure all relevant evidence, including documents, interviews, and video or audio recordings, are identified, summarized, and preserved.(3) A claimant or witness shall be interviewed during the course of responding to a grievance if the supervisor responsible for answering the grievance determines it would assist in resolving the claim. The interview shall be conducted in a manner that provides as much privacy for the claimant as operationally feasible. If a claimant is unavailable to be interviewed or refuses to be interviewed, then those facts shall be documented in the department's information technology system.(4) Suspend and Elevate Process.(A) If a supervisor assigned to conduct a policy review or a reasonable accommodation review discovers information suggesting the claim involves staff misconduct, then the supervisor shall immediately suspend their activities related to the allegation of staff misconduct and refer the allegation to the Centralized Screening Team to determine if the claim should be elevated to a routine review or an investigation. If elevated to a routine review by the Centralized Screening Team, a new claim shall be opened by the Office of Grievances to answer the allegation of staff misconduct.(B) If a supervisor assigned to a routine review discovers information suggesting that the claim involves complex issues requiring specialized investigative skills or resources; the claim, if proven true, is likely to result in adverse action; or the claim is similar to previous staff misconduct that was sustained against the departmental staff involved, then the supervisor shall immediately suspend the review and refer the matter to the Centralized Screening Team to determine if the claim should be elevated to an investigation.(C) If a supervisor assigned to a policy review, reasonable accommodation request review, or routine review discovers information indicating potential staff misconduct unrelated to the original claim, then the supervisor shall submit that information to the Centralized Screening Team.(5) Upon completion of the review, the supervisor shall document their fact gathering, preserve all supporting documents and recordings in the department's information technology system, and draft a recommended decision letter for consideration by the Reviewing Authority.(f) The Reviewing Authority shall ensure that any individual whose personal interaction with a claimant forms part of the claim is excluded from participating in the process as to that claim, including any interview of a claimant conducted as part of the process. Signing a decision letter pursuant to subsection (g) does not, by itself, constitute personal interaction.(1) If the individual in question is a Warden, then an Associate Director, Deputy Director, or the Director from the Division of Adult Institutions shall serve as the Reviewing Authority for that claim.(2) If the individual in question is a Regional Parole Administrator, then a Deputy Director or the Director from the Division of Adult Parole Operations shall serve as the Reviewing Authority for that claim.(g) The Grievance Coordinator shall ensure that a written decision letter is issued no later than 60 calendar days after receipt of the grievance, unless other statutory or regulatory authority requires a response in less than 60 calendar days, and contains one of the following decisions as to each claim in the grievance: (1) "Denied," meaning that the Reviewing Authority found by a preponderance of the evidence available that: (A) for policy reviews, the policy under review was not a violation or contradiction of an established rule of law;(B) for reasonable accommodation reviews, the accommodation requested was not reasonable pursuant to the Americans with Disabilities Act; or(C) for routine reviews, the departmental staff were found not to be in violation of applicable rules;(2) "Granted," meaning that the Reviewing Authority found by a preponderance of the evidence available that: (A) for policy reviews, the policy under review was in violation or contradiction of an established rule of law, in which case the Reviewing Authority shall order an appropriate remedy;(B) for reasonable accommodation reviews, the accommodation requested was reasonable pursuant to the Americans with Disabilities Act, in which case the Reviewing Authority shall order an appropriate remedy; or(C) for routine reviews, the departmental staff were found to be in violation of applicable rules, in which case the Reviewing Authority shall order an appropriate remedy,(3) "No Jurisdiction," meaning that the claim concerns a policy, decision, action, condition, or omission by an independent entity or official which requires that the claimant file a complaint with that entity or official, as described in subsection 3481(e);(4) "Redirected," meaning that the claim was forwarded to the appropriate authority described below because it fits one of the following circumstances: (A) An issue concerning medical, dental, or mental health services provided by the Division of Health Care Services or a dispute concerning a policy, decision, action, condition, or omission by the Division of Health Care Services or its staff, which shall be redirected to that Division;(B) A request for assistance, which shall be redirected to departmental staff designated by the hiring authority for a response;(C) A request for implementation of an overdue remedy, which shall be redirected to the Remedies Compliance Coordinator as described in subsection (j)(2);(D) A request for records pursuant to the Public Records Act, which shall be redirected to a Public Records Act coordinator;(E) A request to inspect a record or file containing personal information or to amend a record or file containing personal information pursuant to the Information Practices Act and section 3450 of Subchapter 5 of Article 6, which shall be redirected to a Public Records Act coordinator;(F) A complaint regarding a decision issued by the Office of Grievances, which shall be redirected to the Office of Appeals;(G) A complaint against an incarcerated or supervised person, which shall be redirected to departmental staff designated by the hiring authority for a response; or(H) An allegation of improper conduct by one departmental staff member against another staff member, which shall be redirected to departmental staff designated by the hiring authority;(5) "Reassigned," meaning that the claim was assigned to a different Office of Grievances than the one which originally received it because the majority of evidence (documents, recordings, or witnesses) is located at the other Office of Grievances, however, regardless of the number of reassignments, the claim shall be treated as if it was received on the date the original Office of Grievances received it;(6) "Rejected," meaning that the claim was rejected because it fits one or more of the following circumstances: (A) The claimant did not submit the claim within the time constraints required by subsection 3482(b), unless the claim concerns a reasonable accommodation request;(B) The claim concerns an anticipated policy, decision, action, condition, or omission by the department or departmental staff;(C) The claim is substantially duplicative of a prior claim by the same claimant, unless the claim concerns a reasonable accommodation request and there has been a change in circumstance or the prior claim was rejected as anticipatory pursuant to subsection (B);(D) The claim concerns harm to a person other than the person who signed the grievance, unless the claim concerns an allegation of staff misconduct; or(E) The claim objects to one of the following:1. a decision issued by the Office of Appeals;2. the fact gathering process during a routine review;3. the fact gathering process during an investigation of staff misconduct;4. the findings made by a hiring authority at the conclusion of an investigation of staff misconduct; or5. the verbal or written statements submitted by departmental staff under penalty of perjury to a court of law or administrative tribunal.(7) "Disallowed," meaning the submission from the claimant was discarded because it was contaminated with organic, toxic, or hazardous materials that may threaten staff safety or institutional security, in which case the claimant may re-submit the grievance so long as it is submitted within the time constraints set forth in subsection 3482(b);(8) "Identified as Staff Misconduct," meaning that the claim involved an allegation of staff misconduct which the Centralized Screening Team referred for an investigation;(9) "Pending Legal Matter," meaning that the substance of the claim falls within the scope of pending litigation (excluding class action litigation), pending legislation, or pending regulatory action; or(10) "Time Expired," meaning that the Reviewing Authority was not able to respond to the claim within 60 calendar days.(h) If a claim is rejected as untimely pursuant to subsection (g)(6)(A), then the decision letter shall also include the following dates as determined by the Grievance Coordinator: the date the claim was discovered, the date the claim was submitted, the date the claim was received, and the time constraint for submission of the claim pursuant to subsection 3482(b).(i) The written decision letter shall be sent to the claimant no later than ten business days after its issuance by the Office of Grievances with a CDCR Form 602-2, Appeal (Rev. 01/25) which is incorporated by reference, attached. If the decision letter contains one or more granted claims, then a CDCR Form 602-3, Request to Implement Overdue Remedy (Rev. 01/25) which is incorporated by reference, shall also be attached.(j) Implementation of Remedy(1) If the Reviewing Authority grants a claim, then the corresponding remedy shall be implemented no later than 30 calendar days after the date at the top of the decision letter issued by the Office of Grievances, unless:(A) the remedy requires the disbursement of funds, in which case the remedy shall be implemented no later than 90 calendar days after the date at the top of the decision letter; or(B) the remedy requires budget authorization outside the department's existing authority, in which case the remedy shall be implemented no later than one year after the date at the top of the decision letter.(2) If the remedy has not been implemented within the time period described in the above subsection, then a claimant may submit a CDCR Form 602-3 directly to the Remedies Compliance Coordinator by regular mail sent to the address indicated on the form. Correspondence directed to this address shall not be opened by any departmental staff other than those in the Office of Appeals.(3) Upon receipt of a CDCR Form 602-3, the Remedies Compliance Coordinator shall contact the relevant Office of Grievances to confirm the remedy was implemented. If the remedy was already implemented, the Grievance Coordinator shall provide the Remedies Compliance Coordinator with documentation confirming the remedy was implemented, including the date it was implemented and the full name and title of the official responsible for implementing it. If the remedy was not yet implemented, the Grievance Coordinator and Remedies Compliance Coordinator shall regularly consult until the remedy is implemented.(k) Pursuant to subdivision (c)(1) of section 5058 of the Penal Code, additional local processes and procedures may be promulgated by the Division of Adult Institutions and the Division of Adult Parole Operations so long as they are consistent with this Article.(l) Exhaustion. (1) Under the following circumstances a claimant may appeal the decision issued by the Office of Grievances, therefore, the administrative remedies process is not yet exhausted: (A) "denied" and the claimant is dissatisfied with the answer;(B) "granted" but the claimant is dissatisfied with the answer or the remedy;(H) "pending legal matter."(2) Pursuant to section 1798.36 of the Civil Code, if a final determination is provided to the claimant as described in subsection (a)(4), then the administrative remedies process is exhausted. Nevertheless, the claimant may choose to: (A) waive exhaustion by submitting an appeal pursuant to section 3484; or(B) file a statement of reasonable length setting forth the reasons for their disagreement which shall be made available to any person or agency as required by section 1798.37 or the Civil Code.(3) Under the following circumstances a claimant may not appeal the decision issued by the Office of Grievances, therefore, the administrative remedies process is exhausted: (A) "identified as staff misconduct;" orCal. Code Regs. Tit. 15, § 3483
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 832.5 and 5054, Penal Code; and Section 35.107, Title 28, Code of Federal Regulations.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 832.5 and 5054, Penal Code; and Section 35.107, Title 28, Code of Federal Regulations.
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. Renumbering of former section 3483 to new section 3485 and new section 3483 filed 9-13-2005; operative 9-13-2005 pursuant to Government Code section 11343.4(Register 2005, No. 37).
5. Renumbering of section 3483 to new section 3474 and new section 3483 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.
6. 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.
7. Renumbering of section 3483 to new section 3474 and new section 3483 refiled 2-25-2021 as an emergency, with amendments to subsection (k)(2); 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.
8. Renumbering of section 3483 to new section 3474 and new section 3483 refiled 10-4-2021 as an emergency, with amendments to subsection (k)(2); 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.
9. Certificate of Compliance as to 10-4-2021 order, including repealer and new 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).
10. Change without regulatory effect amending subsections (g)(4)(G) and (g)(6)(E) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
11. 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.