Md. Code Regs. 12.02.28.14

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

Section 12.02.28.14 - Appeal - Requesting

A. An inmate filing a request for formal resolution of an inmate complaint may appeal to the Commissioner:

(1) A procedural dismissal on preliminary review of the Request form;

(2) The managing official's failure to provide a response within established time requirements; and

(3) A decision by the managing official contained in the response to the Request form.

B. An inmate filing an appeal under this regulation shall:

(1) Submit the request in writing in a format and on a form approved by the Commissioner;

(2) Include all of the following in the appeal:

(a) The name of the inmate filing the appeal;

(b) The name of the correctional facility housing the inmate filing the appeal;

(c) A statement describing the reason for the appeal;

(d) The original case number;

(e) The date the appeal is submitted;

(f) The signature of the inmate submitting the appeal;

(g) A copy of the original complaint with all supporting documentation; and

(h) A copy of the procedural dismissal on preliminary review or managing official's decision;

(3) Include one of the following in the statement required under § B(2)(c) of this regulation as the grounds for the appeal:

(a) The basis for disagreement with the Facility ARC's decision or reason for procedural dismissal on preliminary review;

(b) The basis for disagreement with the Managing Official's decision, remedy, or response; or

(c) A failure by Managing Official to respond within the established timeframe;

(4) Limit the basis of the appeal to the areas identified under §B(2)(c) of this regulation without introducing a new inmate complaint; and

(5) Except for provisions under §C of this regulation, file the appeal with the Commissioner as indicated in the notice provided in accordance with Regulation .11 of this chapter so that the Headquarters ARC receives the appeal within 30 calendar days of:

(a) For an appeal of a procedural dismissal on preliminary review, the date the inmate received notice of the procedural dismissal on preliminary review;

(b) For an appeal of a managing official's decision or remedy in a response to a Request form, the date the inmate received the response; or

(c) For an appeal of a Managing Official's failure to respond within the established time frame, the date the managing official's response was due to the inmate.

C. If the inmate demonstrates that extraordinary circumstances exist that prevented submitting an appeal within the established time frame, the Commissioner may accept a late filing of an appeal.

D. When submitting an appeal under this section, the inmate:

(1) Is encouraged to submit the Request form to the Commissioner using the U.S. Postal Service.

(2) May submit the Request form using the Department courier system knowing that the Department is not responsible if the appeal is not received within the time frame established for submitting an appeal under this chapter.

E. Within 5 working days of the date the appeal is received by the Commissioner, the Headquarters ARC shall:

(1) Index the appeal according to the originally assigned case number; and

(2) Conduct a preliminary review of the appeal and determine to:

(a) Accept and process the appeal within the established timeframe; or

(b) Procedurally dismiss the appeal on preliminary review.

Md. Code Regs. 12.02.28.14

Regulation .14 adopted effective 45:5 Md. R. 286, eff. 3/12/2018