Section 3485 - Office of Appeals Review and Response(a) Initial Review. The Reviewing Authority for the Office of Appeals shall designate at least one official to assess each written appeal no later than one business day after its receipt and determine 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 or the California Sexual Abuse in Detention Elimination Act. If an imminent risk is detected, the official shall immediately refer the matter to the Office of Grievances to be handled pursuant to subsection 3483(a), unless the official determines that the Office of Grievances already detected the matter.(b) If the Office of Appeals receives a claim on appeal and determines that the Centralized Screening Team failed to identify an allegation of staff misconduct, then the Office of Appeals shall grant the claim and order the Centralized Screening Team to refer the allegation for a routine review or investigation.(c) The Appeal Coordinator shall acknowledge receipt of each appeal to the claimant in writing no later than 14 calendar days after its receipt indicating the date the appeal was submitted, the date the appeal was received by the Office of Appeals, the calculated date for the department's response, and whether the appeal was disallowed pursuant to subsection 3484(d)(3).(d) The Appeal Coordinator shall ensure that all claims are reviewed and answered in accordance with subsections (e) through (i) of this section.(e) All of the information gathered for the purpose of answering a grievance or reasonable accommodation request, including interviews, documents, and video or audio recordings, shall be made available to the Office of Appeals for its review. If not already preserved in the department's information technology system, the Office of Grievances shall ensure the information is provided to the Office of Appeals and added to the system.(f) The Reviewing Authority shall exclude any individual whose personal interaction with the claimant forms part of the claim from participating in the process as to that claim. If the individual in question is the Associate Director of the Office of Appeals, then the Director from the Division of Correctional Policy Research and Internal Oversight shall serve as the Reviewing Authority for that claim. Signing a decision letter pursuant to subsection (g) does not, by itself, constitute personal interaction.(g) The Appeal Coordinator shall ensure that a written decision letter is issued no later than 60 calendar days after receipt of the appeal, 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 appeal: (1) "Denied," meaning that the Reviewing Authority found by a preponderance of the evidence available that the decision by the Office of Grievances was proper;(2) "Granted," meaning that the Reviewing Authority found by a preponderance of the evidence available that the decision by the Office of Grievances was not proper, in which case the Reviewing Authority shall order an appropriate remedy:(3) "Remanded," meaning that the departmental staff failed to clearly explain the reasoning in support of a decision, failed to preserve the evidence relied on to reach a decision, or failed to apply the correct burden of proof in a decision, in which case the Office of Appeals shall order the Office of Grievances to re-examine the claim and issue a new decision letter no later than 30 calendar days after the date at the top of the decision letter issued by the Office of Appeals;(4) "Overlooked," meaning that the claim was submitted in a grievance or reasonable accommodation request but not answered as required by subsection 3481(a), so the Office of Appeals logged the claim and assigned it to the Office of Grievances where a majority of the facts and circumstances that gave rise to the claim occurred;(5) "Bypassed," meaning that the claim was not submitted in a grievance or reasonable accommodation request as required by subsection 3482(a), so the Office of Appeals logged the claim and assigned it to the Office of Grievances where a majority of the facts and circumstances that gave rise to the claim occurred;(6) "Rejected," meaning that the claimant did not submit the claim within the time constraints required by subsection 3484(b) or the claim was correctly "rejected" by the Office of Grievances pursuant to subsection 3483(g)(6)(A)-(D);(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, 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) "Previously Identified as Staff Misconduct," meaning that the claim was referred for an investigation by the Centralized Screening Team and may not be appealed pursuant to subsection 3483 (l)(2);(9) "Remedy Referred," meaning that the substance of the claim concerns implementation of a remedy and, as a result, shall be referred to the Remedies Compliance Coordinator; or(10) "Time Expired," meaning that the Reviewing Authority was not able to respond to the claim within 60 calendar days, in which case the grievance level decision shall serve as the department's final decision.(h) If a claim is rejected as untimely pursuant to subsection (g)(6), then the decision letter shall also include the following dates as determined by the Appeal 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 3484(b).(i) The written decision letter shall be sent to the claimant no later than five business days after its issuance by the Office of Appeals. If the decision letter contains one or more granted claims, then a copy of the CDCR Form 602-3 shall also be attached. If the Reviewing Authority grants a claim, then notice of the decision shall be sent to the appropriate Grievance Coordinator. If the Office of Appeals grants an appeal and orders an Office of Grievances to open a new grievance to address the claim, then the Office of Grievances shall treat the claim as received on the date at the top of the decision letter issued by the Office of Appeals.(j) Implementation of Remedy.(1) If the Office of Appeals grants a claim, then the Office of Grievances shall ensure that the corresponding remedy is implemented no later than 30 calendar days after date at the top of the decision letter issued by the Office of Appeals, 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 and the applicable time constraint has passed, then the 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) Additional local processes and procedures may be promulgated by the Office of Appeals so long as they are consistent with this Article.(l) Exhaustion. (1) Under the following circumstances a claimant will receive a subsequent answer from the department, therefore, the administrative remedies process is not vet exhausted: (A) "denied" because the Office of Grievances correctly redirected, reassigned, or disallowed the claim;(B) "granted" and the claim is returned to the Office of Grievances for re-consideration and issuance of a new decision;(G) "remedy referred;" or(H) "time expired" and the Office of Grievances redirected, reassigned, or disallowed the claim.(2) If a claim is "denied" because a claimant failed to write legibly enough for the Office of Appeals to understand the issue on appeal as required in subsection 3484(c)(1) or a claimant failed to describe clearly enough why the decision by the Office of Grievances was inadequate as required in subsection 3484(c)(2), then the administrative remedies process was not exhausted.(3) If a claim is "rejected" because a claimant failed to comply with the time constraints found in subsection 3484(b) or because the Office of Grievances correctly "rejected" the claim under subsection 3483(g)(6)(A)-(D), then the administrative remedies process was not exhausted.(4) Under the following circumstances a claimant will not receive any further answer from the department, therefore, the administrative remedies process is exhausted: (A) "denied" on the merits or due to a lack of jurisdiction;(B) "granted" and the claim is not returned to the Office of Grievances for re-consideration and issuance of a new decision;(C) "previously identified as staff misconduct;" or(D) "time expired" and the Office of Grievances denied the claim or screened it out due to a lack of jurisdiction.Cal. Code Regs. Tit. 15, § 3485
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. Renumbering and amendment of former section 3483 to new section 3485 and new form CDC 1872 filed 9-13-2005; operative 9-13-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 37).
2. Amendment of subsections (i)(2)-(3) 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.
3. Certificate of Compliance as to 10-18-2007 order transmitted to OAL 2-4-2008 and filed 3-18-2008 (Register 2008, No. 12).
4. Renumbering of former section 3485 to section 3476 and new section 3485 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.
5. 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.
6. Renumbering of former section 3485 to section 3476 and new section 3485 refiled 2-25-2021 as an emergency, with amendments to subsections (c)(1), (c)(3), (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.
7. Renumbering of former section 3485 to section 3476 and new section 3485 refiled 10-4-2021 as an emergency, with amendments to subsections (c)(1), (c)(3), (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.
8. Certificate of Compliance as to 10-4-2021 order, including amendment of section heading and 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).
9. Change without regulatory effect amending subsection (g)(6)(E) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
10. 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.