Md. Code Regs. 12.07.01.04

Current through Register Vol. 51, No. 7, April 5, 2024

Section 12.07.01.04 - Grievance Filing Procedures

A. A grievant shall file a grievance in writing:

(1) In a format approved by the Office; or

(2) Using an administrative remedy procedure form.

B. The grievant shall include the following in the written grievance:

(1) Date of the grievance;

(2) Grievant's name and inmate number;

(3) Grievant's postal address;

(4) Nature of the grievance, including not more than one claim for relief;

(5) Information concerning the situation or occurrence that is the subject of the grievance, to include any relevant:

(a) Date;

(b) Time;

(c) Place; and

(d) Name of an official, employee, inmate, or other individual involved;

(6) Name and location of any witness requested and a proffer of each witness's testimony;

(7) Name and location of a requested hearing representative;

(8) A copy of any claim filed with the Treasurer under the Maryland Tort Claims Act, and, if available, the Treasurer's letter directing the inmate to file a grievance with the Office; and

(9) If the grievance is based on:

(a) An appeal from the administrative remedy procedure, a copy of all related paperwork, including the:

(i) Request for administrative remedy;

(ii) Warden's response and receipt of the warden's response;

(iii) Appeal; and

(iv) Commissioner's response and receipt of the Commissioner's response;

(b) An appeal from a disciplinary proceeding, a copy of all related paperwork, including the:

(i) Notice of inmate rule violation and disciplinary hearing;

(ii) Hearing record;

(iii) Appeal to the warden; and

(iv) Warden's response to the appeal;

(c) A challenge of a classification or case management action, a copy of all related paperwork, including the:

(i) Notification of classification action; or

(ii) Notification of case management action;

(d) A challenge of a calculation of sentence or diminution credit transaction, a copy of all related paperwork, including the:

(i) Notification of calculation of sentence; or

(ii) Notification of diminution credit action; or

(e) A property claim, a copy of all related paperwork, including the:

(i) Property inventory form;

(ii) Property confiscation form;

(iii) Commissary form;

(iv) Order form; and

(v) Receipt.

C. The grievant shall place the grievance and related documents in a sealed envelope addressed to the Executive Director at the current address of the Office.

Md. Code Regs. 12.07.01.04

Regulation .04 adopted effective April 11, 1983 (10:6 Md. R. 559)
Regulations .04 adopted effective June 6, 1994 (21:11 Md. R. 952)