Md. Code Regs. 12.07.01.05

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

Section 12.07.01.05 - Time Limitations and Procedural Bars

A. Except as otherwise provided in this chapter, a grievant shall file a grievance within 30 days of the date that the:

(1) Situation or occurrence that is the subject of the grievance took place; or

(2) Grievant knew or should have known of the situation or occurrence that is the subject of the grievance.

B. If the grievance is based on an appeal from the administrative remedy procedure, a grievant shall file the grievance within 30 days of the date that the:

(1) Grievant received the Commissioner's response concerning the appeal; or

(2) Commissioner's response to the appeal was due to the grievant.

C. If the grievance is based on an appeal from a disciplinary proceeding, a grievant shall file the grievance within 30 days of the date that the:

(1) Grievant received the warden's final response to the appeal; or

(2) Warden's response to the appeal was due to the grievant.

D. If a grievant filed a complaint with a court and the court dismissed the complaint because the grievant did not exhaust administrative remedies, the grievant may file a grievance, based on the subject of the complaint filed with the court, with the Office within 30 days of the date the order of dismissal was entered or filed by the court.

E. The Office may dismiss any disciplinary proceeding appeal and any grievance within the scope of the administrative remedy procedure that has not been properly exhausted through all institutional remedies in a timely manner.

F. A time limitation or procedural bar may be waived for a grievance which represents a continuing problem or for which good cause is shown for a failure to proceed in a timely fashion.

Md. Code Regs. 12.07.01.05

Regulations .05 adopted effective June 6, 1994 (21:11 Md. R. 952)