Section 491.16 - Appeal Process(1) Upon receipt of the grievance decision, the inmate may appeal the decision to the appellate authority within ten business days, unless 103 CMR 491.13 is applicable. The grounds for the appeal must be consistent with the issues raised in the original grievance. The remedy requested on appeal cannot exceed what was originally requested through the grievance.(2) No other level of appeal or review shall be allowed, including attempts to have the matter reconsidered in another forum, as the decision of the appellate authority shall stand as the final decision.(3) If any grievance is ruled non-grievable it may not be appealed substantively.(4) Inmates may not appeal a grievance decision where the decision is that the complaint is approved and the requested remedy is fully approved or when the grievance was withdrawn.(5) Inmates may not appeal grievances that exceed the required time frames for submission.(6) When the inmate signs a Resolution Agreement form in accordance with 103 CMR 491.20, the decision shall be considered final and may not be appealed.(7) Inmate shall file appeals by completing and submitting the designated appeal form to the appellate authority. The form should be legible, presented in a courteous manner and should include the grievance number, date submitted, a brief statement of the facts regarding the grounds for the appeal, remedy requested, and the inmate's signature. Statements should include only that information which is necessary to support the grounds for the appeal.(8) Whenever an appeal is returned pursuant to 103 CMR 491.16(12)(a), the inmate shall have an additional three business days from the date of the inmate's receipt of the returned appeal to file an appeal in the proper format.(9) The individual who rendered the grievance decision shall forward the grievance file, including all non-IMS documents utilized in the investigation, to the appellate authority. The individual who rendered the grievance decision shall not be further involved in the appeal process. He or she may, however, at the discretion of the appellate authority, conduct further investigation and document it in IMS if additional facts or information is needed, providing that no recommendations or decisions are made by the IGC.(10) Employees named in a grievance or appeal shall not participate in any capacity in the processing, investigation, or decision, of the appeal, except as may be required pursuant to 103 CMR 491.15(3)(d)1. or 491.16(12)(f).(11) The appellate authority may choose to designate another staff member to perform duties defined in 103 CMR 491.14(12)(a) through (f) and (h). The designee may also perform data entry pursuant to 103 CMR 491.14(12)(g). The appellate authority shall, however, make an independent decision regarding the grievance appeal.(12) Within one business day of receipt of an inmate's grievance appeal the appellate authority shall: (a) Ensure that the appeal complies with 103 CMR 491.16(4), (6), and (7) and, if not, return the appeal to the inmate on the applicable form with a written explanation noted on the form, indicating the reason the appeal has not been accepted. A copy of the returned form shall be kept on file for future reference if needed. Additionally, a reference shall be made in IMS to document the return.(b) Within one business day of receipt of a properly filed appeal, record receipt of the appeal, the description of the appeal and all other relevant information in the IMS Grievance Appeal/Decision screen. If space permits in IMS, the description shall be entered as written by the inmate. If the written appeal exceeds the available space, the description shall be entered up until the point that IMS will not accept any additional characters.(c) Print the appeal form from IMS and provide it to the inmate as acknowledgement of receipt of the grievance appeal.(d) Review all grievance information directly in IMS as well as any non-IMS documents included in the investigation.(e) Ensure that the grievance was thoroughly investigated and appropriately documented in IMS.(f) Conduct additional investigation as needed, taking into consideration the basis of the appeal.(g) Make a determination that takes into consideration the content of the appeal and the remedy requested. The rationale for the decision shall be clearly documented into the decision comments, and applicable policies and procedures shall be cited when appropriate. The appellate authority shall clearly document what specific corrective action will be taken when appropriate. All decision information shall be entered in the IMS Grievance Appeal/Decision screen.(h) Print the grievance appeal form from IMS and provide it to the inmate to inform the inmate of the decision.(13) The appellate authority shall respond to the grievant within 30 business days from receipt of the grievance appeal unless the inmate has been provided a written extension of time periods in accordance with 103 CMR 491.17.Amended by Mass Register Issue 1338, eff. 5/5/2017.