N.Y. Comp. Codes R. & Regs. tit. 7 § 1700.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1700.3 - Claim review process

The department has a two-tier system of administrative review for inmate personal property claims.

(a) Initial review. All inmate personal property claims shall be filed with and reviewed by the deputy superintendent for administration or functional equivalent, or by a claims reviewer designated by the head of the facility.

(1) The reviewer is responsible for insuring that the claim is processed pursuant to the provisions of this Part and department directive 2733.

(2) The reviewer shall make the initial decision to approve or deny the claim and will advise the inmate accordingly.

(b) Appeal. If an inmate desires further review, (s)he may appeal as follows:

(1) Appeal of claims up to $500. The appeal shall be made to, reviewed and decided by the facility superintendent or designee.

(2) Appeal of claims over $500. The appeal shall be forwarded to central office for review.

(3) The appeal reviewer shall examine the entire record, secure additional information as needed, and render a written decision. The initial claim decision should be reversed only where the provisions of this Part and department directive 2733 have not been followed.

(4) No further administrative review is available after appeal. The remaining option is for the inmate to pursue the claim in the Court of Claims.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 1700.3