Md. Code Regs. 12.03.02.07

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

Section 12.03.02.07 - Appeal of Involuntary Suspension from the RDP

A. An inmate may appeal a facility chaplain 's, or a designee's, decision made in accordance with Regulation .06 of this chapter.

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

(1) File the appeal within 5 business days of the date of the adverse decision;

(2) Submit the appeal on a form or in a manner approved by the Chief of Religious Services to the facility chaplain, or a designee; and

(3) Remain in the RDP during the appeal process.

C. Within 10 business days of receipt of an appeal under §B of this regulation, the facility chaplain, or a designee, shall:

(1) Attach the inmate's appeal to other forms completed as part of the action taken by the facility chaplain, or a designee, to remove the inmate from the RDP;

(2) Provide a written recommendation regarding the appeal that includes the reason and support for the recommendation; and

(3) Forward the documents to the facility's managing official, or a designee.

D. Within 10 business days of receipt of an appeal under §C(3) of this regulation, the managing official, or a designee, shall:

(1) Review and, if necessary, obtain additional information concerning the documents received;

(2) Decide to:

(a) Affirm the original decision and sanction;

(b) Affirm the original decision and reduce the original sanction; or

(c) Overturn the original finding that a violation occurred;

(3) Provide a written decision that includes the reason and support for the decision; and

(4) Forward the documents to the facility chaplain, or a designee.

E. Upon receipt of a decision under §D(4) of this regulation, the facility chaplain, or a designee, shall comply with applicable requirements established under §D(2) of this regulation.

Md. Code Regs. 12.03.02.07

Regulation .07 adopted effective 45:5 Md. R. 286, eff. 3/12/2018