La. Admin. Code tit. 22 § XI-1703

Current through Register Vol. 50, No. 9, September 20, 2024

Section XI-1703 - Complaint Process

A. All grievances must be made in writing and submitted to the chairman of the Board of Pardons. Upon receipt, the chairman shall review the grievance and, if appropriate, forward it to the proper agency or authority for further action.

B. If the grievance relates to the board, or a member of the Committee on Parole, or the department staff assigned to the board or committee, the chairman or his or her designee will investigate to determine if it has a basis in fact.

1. If the complaint is determined to have a basis in fact, the chairman will attempt to resolve the grievance.

2. If the chairman is unable to resolve the grievance, it shall be referred to a grievance committee. The committee shall consist of:

a. the chairman of the board;

b. the vice chairman (unless the chairman or vice chairman is the subject of the grievance); and

c. any other person or persons jointly selected by the chairman and vice chairman.

C. If the grievance committee is unable to resolve the grievance, the matter will be forwarded together with any supporting documentation to the governor's executive counsel for resolution. Supporting documentation shall include the following information:

1. a reference to the relevant statute, rules, regulations and/or Code of Ethics, etc.;

2. a written summary of the attempts made to resolve the complaint; and

3. any other pertinent documentation.

1. In the event the grievance is against the chairman of the board, the complaint shall be submitted directly to the vice chairman. In this instance, the chairman will recuse himself or herself and shall not appoint a designee to the committee.

2. If the grievance is against the vice chairman, the vice chairman shall recuse himself or herself and shall not appoint a designee to the committee.

3. The remaining member of the grievance committee shall select a member of the committee to serve in place of the recused member.

4. If the complaint is against a committee member, that member shall not be selected to serve on the grievance committee.

E. The decision of the chairman, the grievance committee, or the executive counsel, whichever may apply, is final and not subject to appeal.

La. Admin. Code tit. 22, § XI-1703

Promulgated by the Department of Public Safety and Corrections, Board of Parole, LR 24:2307 (December 1998), amended by the Office of the Governor, Board of Pardons, Committee on Parole, LR 39:2275 (August 2013).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:574.2 et seq., R.S. 15:535 et seq., and R.S. 15:540 et seq.