Md. Code Regs. 10.21.14.08

Current through Register Vol. 51, No. 12, June 14, 2024

Section 10.21.14.08 - Grievance Procedure Stage 3: CEO's Review with an Optional Review by the Residents' Rights Committee

A. If the grievant requests a review by the residents' rights committee before the CEO's review, the residents' rights committee shall:

(1) Meet within 15 working days of receipt of the grievance;

(2) Review the information obtained by the rights advisor;

(3) Review information presented by the grievant;

(4) Review the decision of the unit director;

(5) If involved, review information presented by the LAP;

(6) Review all relevant data pertaining to the grievance; and

(7) Forward written recommendations to the CEO.

B. A review by the residents' rights committee:

(1) May include further investigation into the circumstances of the grievance;

(2) May not be limited to consideration of the record of the grievance from prior proceedings; and

(3) At the request of the grievant, may be waived.

C. The rights advisor:

(1) Shall notify all interested persons, including involved staff, the grievant, and, if involved, the grievant's LAP of the time and location of the residents' rights committee meetings;

(2) Shall present information obtained at prior proceedings;

(3) Shall inform the grievant and, if involved, the grievant's LAP of all recommendations made by the residents' rights committee; and

(4) May not be present during the residents' rights committee deliberations.

D. All interested persons including involved staff, the grievant, and, if involved, the grievant's LAP:

(1) Shall be invited to attend the residents' rights committee meeting to present information relating to the grievance; and

(2) May not be present during residents' rights committee deliberations.

E. Upon receipt of the residents' rights committee's recommendations, the CEO or the CEO's designee shall:

(1) Determine what action, if any, is to be taken; and

(2) Notify the residents' rights committee in writing of any action taken.

F. Completion of time periods specified within stage 3 are dependent upon the following:

(1) If the LAP is involved, the CEO or the CEO's designee:

(a) Shall respond within 15 working days to the residents' rights committee's recommendations; and

(b) May request an oral presentation from the LAP, if the LAP submits a written summary of the presentation before the meeting;

(2) If the LAP is not involved, the CEO or the CEO's designee shall respond within 5 working days to the residents' rights committee's recommendations.

G. The CEO or the CEO's designee shall write and forward a decision to the rights advisor.

H. The rights advisor shall forward copies of the decision of the CEO or the CEO's designee to:

(1) The grievant;

(2) If involved, the grievant's LAP;

(3) The Director of the RGS;

(4) If involved, the residents' rights committee; and

(5) The unit director.

I. If the CEO or the CEO's designee substantiates the grievance, the CEO or the CEO's designee shall identify in the decision:

(1) The corrective action to provide a complete remedy to the grievant for the violation; and

(2) Time frames, consistent with this chapter, for implementing the corrective action.

J. If the grievant is:

(1) Satisfied with the action taken by the CEO or the CEO's designee, the grievance ends at this stage; or

(2) Dissatisfied with the decision of the CEO or the CEO's designee, the rights advisor shall inform the grievant of the appeal process to the Central Review Committee.

K. If requested by the grievant, the rights advisor shall file an appeal to the Central Review Committee within 5 working days after receipt of the decision by the CEO or the CEO's designee.

Md. Code Regs. 10.21.14.08