Kan. Admin. Regs. § 123-15-106

Current through Register Vol. 43, No. 40, October 3, 2024

Section 123-15-106 - Emergency grievance procedure

(a) "Emergency grievance" shall mean a grievance for which disposition using the regular time limits would subject the offender to a substantial risk of personal injury or cause other serious and irreparable harm to the offender.

(b) In emergency situations, any offender may bypass the prerequisite of informal resolution if contacting the program team would not obtain a resolution to the problem. The offender shall indicate on the face of the grievance form the nature of the emergency and shall write the word "emergency" in readily discernable letters at the top of the grievance report form.

(c) Each emergency grievance shall be forwarded immediately, without substantive review, to the level at which corrective action can be taken. Each emergency grievance shall be expedited at every level. The same external review provisions that apply to regular grievances shall apply to emergency grievances.

(d) If a person at the corrective action level determines that the grievance is not an emergency, the person making that determination shall include that determination on the grievance form and then sign the form. The grievance shall then be processed as a regular grievance. If necessary for a proper response, the grievance may be sent for processing at a lower level.

This regulation shall be effective on and after April 8, 2005.

Kan. Admin. Regs. § 123-15-106

Authorized by and implementing K.S.A. 38-16,130, K.S.A. 2004 Supp. 75-7024, and K.S.A. 76-3203; effective April 8, 2005.