Section 3484 - Preparation and Submittal of an Appeal(a) A claimant who wishes to appeal the written grievance decision or remedy provided by an Institutional or Regional Office of Grievances concerning one or more claims they previously submitted in a grievance shall do so in writing by regular mail sent to the "Office of Appeals, Department of Corrections and Rehabilitation, P.O. Box 942883, Sacramento, California 95811" or by electronic kiosk or tablet, if available. Correspondence directed to this address shall not be opened by any departmental staff other than those in the Office of Appeals.(b) Time constraints. (1) A claimant who wishes to appeal a grievance decision found in subsections 3483(g)(1) through 3483(g)(6) shall submit an appeal within 60 calendar days of discovering the decision by the institutional or Regional Office of Grievances. Discovery occurs when a claimant knew or should have reasonably known of the decision.(2) The time limit for a supervised person to submit an appeal shall not be extended while on suspended status, meaning the supervised person has absconded.(3) The time constraint to submit an appeal of a claim shall be extended for the period of time that a claimant is: (A) in the custody of another authority for court proceedings;(B) in the care of an outside hospital;(C) temporarily housed in a medical or mental health crisis bed; or(D) actively and directly engaged in fire suppression.(c) To submit an appeal, a claimant shall: (1) type or print legibly on an official CDCR Form 602-2 (Rev. 01/22), "Appeal of Grievance," hereby incorporated by reference, or complete the form electronically, if available;(2) describe in detail why the decision provided by the Institutional or Regional Office of Grievances is inadequate; and(3) sign and date the CDCR Form 602-2.(d) When completing a CDCR Form 602-2, a claimant shall not: (1) use threatening, obscene, demeaning, or abusive language, except when quoting persons involved in the claim;(2) include information or accusations known to the claimant to be false; or(3) contaminate the appeal package by including organic, toxic, or hazardous materials that may threaten staff safety or institutional security, in which case the appeal shall be safely discarded and the entire appeal disallowed. The claimant may re-submit the appeal concerning the same claim or claims so long as it is submitted within the time constraints set forth in section 3484(b); or(4) include new claims that were not included in the original grievance, in which case the claim shall be reassigned pursuant to subsection 3485(g)(5)(A).(e) The CDCR Form 602-2 shall contain a notification to the claimant that the Office of Appeals will review all of the documents previously submitted by the claimant to the Office of Grievances before reaching a decision so none of those documents should be attached to the Form 602-2 submitted to the Office of Appeals, that a copy of the CDCR Form 602-2 will be returned to the claimant with the written appeal decision; but that no other documents submitted by the claimant to the Office of Appeals will be returned.(f) The appeal package submitted by the claimant shall be stored electronically by the department.Cal. Code Regs. Tit. 15, § 3484
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
1. New section filed 9-13-2005; operative 9-13-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 37).
2. Amendment of section and Note filed 10-18-2007 as an emergency; operative 10-18-2007 (Register 2007, No. 42). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-26-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-18-2007 order transmitted to OAL 2-4-2008 and filed 3-18-2008 (Register 2008, No. 12).
4. Renumbering of former section 3484 to section 3475 and new section 3484 filed 3-25-2020 as an emergency; operative 6/1/2020 (Register 2020, No. 13). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2020 or emergency language will be repealed by operation of law on the following day.
5. Emergency filed 3-25-2020 and operative 6-1-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 42). A Certificate of Compliance must be transmitted to OAL by 3-9-2021 or emergency language will be repealed by operation of law on the following day.
6. Renumbering of former section 3484 to section 3475 and new section 3484 refiled 2-25-2021 as an emergency; operative 3/10/2021 (Register 2021, No. 9). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 10-8-2021 or emergency language will be repealed by operation of law on the following day.
7. Renumbering of former section 3484 to section 3475 and new section 3484 refiled 10-4-2021 as an emergency; operative 10/8/2021 pursuant to Government Code section 11346.1(d) (Register 2021, No. 41). A Certificate of Compliance must be transmitted to OAL by 1-6-2022 pursuant to Government Code section 11346.1(h) or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 10-4-2021 order, including amendment of section heading and repealer and new section, transmitted to OAL 12-7-2021 and filed 1-5-2022; amendments operative 1/5/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 1).
9. Change without regulatory effect amending subsection (b)(2) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).