Md. Code Regs. 12.02.28.11

Current through Register Vol. 51, No. 8, April 19, 2024

Section 12.02.28.11 - Procedural Dismissal on Preliminary Review - Resubmission

A. Incomplete Request - Eligible for Resubmission.

(1) A dismissal on preliminary review of a Request form may be resubmitted if the procedural dismissal on preliminary review is based on:

(a) An incomplete request form; or

(b) A requirement for more information than that provided on the Request form.

(2) Upon receipt of a Request form from a managing official indicating the request is to be procedurally dismissed on preliminary review because of reasons under §A(1) of this regulation, the facility ARC, within 5 working days of the date of receipt of the request by the managing official, shall:

(a) Sign, date, and return the Request form to the inmate submitting the request including written notification of the procedural dismissal on preliminary review;

(b) Provide instructions for resubmitting the request that include:

(i) Completing a new Request form;

(ii) Complying with instructions provided; and

(iii) Submitting the request to the facility ARC by the date specified in the notice;

(c) Provide notice that:

(i) If the resubmission does not correct issues noted by the facility ARC, the procedural dismissal on preliminary review is final; and

(ii) If the resubmission is not received by the date established by the facility ARC indicated in the notice provided under §A(2) of this regulation, the procedural dismissal on preliminary review is final.

(3) An inmate may appeal a dismissal in accordance with the procedures set forth in Regulation .14 of this chapter.

B. Procedural Dismissal on Preliminary Review - Ineligible for Resubmission.

(1) A procedural dismissal on preliminary review of a Request form may not be resubmitted if the procedural dismissal on preliminary review is based on a finding by the facility ARC that the:

(a) Inmate complaint is frivolous or malicious;

(b) Inmate complaint is not eligible for resolution under Regulation .04 of this chapter;

(c) Except for provisions under §B(3) of this regulation, request was not submitted within established time requirements;

(d) Inmate complaint has previously been resolved outside the formal resolution process;

(e) Inmate complaint has previously been resolved through the formal resolution process;

(f) Inmate complaint is repetitive of a request previously filed by the inmate through the formal resolution process, and a response was issued as a result of the previous request;

(g) Request is in excess of an authorized limit on the number of requests the inmate may submit; or

(h) Incident in the Request is determined by the facility ARC to be the basis of an investigation being conducted by the Department's Intelligence and Investigative Division.

(2) Upon receipt of a Request form from a managing official, indicating the request is to be procedurally dismissed on preliminary review for reasons under §B(1) of this regulation, the facility ARC, within 5 working days of the date of receipt of the request by the managing official, shall:

(a) Sign, date, and return the Request form to the inmate submitting the request including written notification of the procedural dismissal on preliminary review;

(b) Include information as to the reason for the procedural dismissal on preliminary review;

(c) Include a statement that the procedural dismissal on preliminary review is final; and

(d) Notify the inmate that the decision may be appealed to the Commissioner if the procedural dismissal is based on §B(l)(h) of this regulation and include in the notification the following statement:

"The request is procedurally dismissed at this level. It has been determined that the subject matter of your Request is under investigation by the Department's Intelligence and Investigative Division under case number and no further action will be taken under the Administrative Remedy Procedures at this level. You may appeal this decision to the Commissioner of Correction. "

(3) If the managing official or the facility ARC receives a Request form after the permitted time frame for submitting a Request form, the managing official or facility ARC may:

(a) Accept and process the Request form if the managing official or the facility ARC determines that the inmate has demonstrated that extraordinary circumstances prevented the inmate from submitting the Request form within the required timeframe; or

(b) Procedurally dismiss the untimely Request form on preliminary review, with or without referring the untimely Request form to the appropriate facility for follow up independent of the ARP and notify the inmate that the decision may be appealed to the Commissioner.

C. When a Request form is procedurally dismissed on preliminary review, the facility ARC, on the date the request is indexed, shall:

(1) Return the original and one copy of the request form to the inmate filing the request; and

(2) Place a copy in the ARP file maintained by the facility ARC.

D. A procedural dismissal on preliminary review by a managing official, or a designee, may be appealed to the Commissioner according to Regulation .14 of this chapter.

Md. Code Regs. 12.02.28.11

Regulation .11 adopted effective 45:5 Md. R. 286, eff. 3/12/2018