Md. Code Regs. 12.02.28.06

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

Section 12.02.28.06 - Limiting Requests for Formal Resolution of Inmate Complaints under ARP

A. The Commissioner, based on a recommendation from a managing official, may limit the number of inmate complaints for which an inmate may request formal resolution under the ARP.

B. The Commissioner shall base a decision to limit an inmate 's requests for formal resolution under the ARP on the inmate's history of complaints under the ARP considering, at a minimum:

(1) The number of formal resolution requests filed by the inmate during the 6 months immediately preceding the date of the most recent request for formal resolution;

(2) Of the number of requests under §B(1) of this regulation, the number that were:

(a) Substantiated; and

(b) Procedurally dismissed on preliminary review based on a finding that the inmate's complaint was frivolous or malicious; and

(3) Information provided by the managing official supporting a recommendation to limit the inmate's requests for formal resolution under the ARP.

C. A managing official seeking to limit the number of requests for formal resolution under the ARP that an inmate may submit shall:

(1) Submit the request to the Commissioner in writing in a format and on forms approved by the Commissioner;

(2) Include in the written request the information required under §§B(1) - (3) of this regulation; and

(3) Recommend to the Commissioner:

(a) The number of requests an inmate may submit for formal resolution under ARP; and

(b) The period for which the proposed limit remains in effect.

D. The Commissioner shall:

(1) Review a request to limit an inmate's use of the formal resolution process under the ARP; and

(2) Respond to the managing official in writing:

(a) Approving or denying the request; or

(b) Indicating a different:

(i) Number of requests an inmate may submit for formal resolution under the ARP; or

(ii) Period for which the limit remains in effect.

E. If the Commissioner denies the request, the Commissioner shall include in the written response to the managing official the reason for the denial.

Md. Code Regs. 12.02.28.06

Regulation .06 adopted effective 45:5 Md. R. 286, eff. 3/12/2018