Current through Register Vol. XLI, No. 25, June 21, 2024
Section 90-9-6 - Appeal to Commissioner6.1. Should the inmate believe that the Warden/Administrator's response does not resolve his/her grievance or the Warden/Administrator fails to respond in the time frames set forth in Section 5.4 of this Rule, the inmate may submit an appeal to the Commissioner of the Division of Corrections within five (5) days after he/she receives the Warden/Administrator's response or the time for the response has passed. The appeal shall be submitted using the same form as was submitted to the Unit Manager and signing in the appropriate location. Only the grievance form together with the Unit Manager and Warden/Administrator's responses shall be submitted. Each grievance appealed to the commissioner shall be mailed to the Commissioner by first class mail. Only one grievance per envelope shall be permitted. Except for grievances filed pursuant to Section 7, submission of multiple grievances or submission of grievances bound with tape or more than one staple or by any other means shall be grounds for rejection of the entire mailing in addition to all other grounds. The inmate may not tear or fold the forms, except that the forms may be folded to place it in a number 10 envelope. The grievance shall be appealed to the Commissioner by mailing only the grievance form and singe 8 ½ inch page attachment, together with any response from the unit level and Warden/Administrator to the Commissioner at the following address:W. Va. Division of Corrections Commissioner's Office
Attention: Inmate Grievance Review
1409 Greenbrier St.
Charleston, WV 25311
6.2. As with the initial level and Warden/Administrator's level, the inmate shall be provided a copy of his or her grievance form prior to submission to the Commissioner for their records. Only the grievance form (including the 1 page attachment submitted to the Unit Manager if any) and responses are to be copied.6.3. Prior to responding to the appeal the Commissioner shall review the grievance to determine whether any grounds for rejection exists in the same manner as Sections 4.4, 5.1, 5.4 and 6.1 or any other provision of this Rule. If such exists the grievance shall be rejected in the same manner as provided in Section 4.4.6.4. The Commissioner shall respond to the appeal, in writing, within ten (10) days. The Commissioner shall consider the statement of the grievance, as presented at the initial level, together with the Warden/Administrator and Unit Manager's response to determine whether the response is appropriate and in furtherance with the mission of the Division of Corrections and with the orderly operation of the facility. Upon review of the grievance, the Commissioner may: affirm the Warden/Administrator and deny the grievance; deny the grievance for reasons other than that which is addressed by the Warden/Administrator and Unit Manager; grant the grievance; or remand the grievance back to the Warden/Administrator or Unit Manager for further action. In reviewing the grievance an expectation is placed upon the Warden/Administrator and Unit Manager that the grievance will be fully addressed at their levels and additional investigation should rarely be necessary. A decision should be able to be rendered from a review of the grievance document. If a grievance has not been properly submitted through any level by an inmate, it shall be rejected. A rejected grievance does not exhaust the grievance process or that step of the process.