Md. Code Regs. 25.02.05.03

Current through Register Vol. 51, No. 21, October 18, 2024

Section 25.02.05.03 - Inmate Grievance Commission

A. If the Inmate Grievance Commission dismisses the inmate's complaint as wholly lacking in merit:

(1) The Executive Director of the Inmate Grievance Commission shall notify the Treasurer of its decision; and

(2) Upon receipt of notification of the Inmate Grievance Commission's decision, the Treasurer then shall process the inmate's claim in accordance with COMAR 25.02.03.

B. If the Inmate Grievance Commission recommends to the Secretary of Public Safety and Correctional Services that the inmate be awarded monetary damages pursuant to COMAR 12.07.01.06A, and the Secretary affirms the Inmate Grievance Commission's recommendation:

(1) The Secretary of Public Safety and Correctional Services shall notify the Treasurer of the Secretary's decision;

(2) Upon receipt of the Secretary's decision and subject to §B(3), below, the Treasurer then shall process the inmate's claim in accordance with COMAR 25.02.03; and

(3) In processing the inmate's claim, the Treasurer may rely on fact-finding undertaken by the Inmate Grievance Commission in its review of the inmate's complaint.

C. Payment of any award, compromise, or settlement of the inmate's tort claim pursuant to COMAR 25.02.03.07A shall be made through the State Insurance Trust Fund.

D. The Treasurer shall notify the Secretary of Public Safety and Correctional Services of the Treasurer's approval or denial of the inmate's tort claim.

Md. Code Regs. 25.02.05.03