Md. Code Regs. 12.07.01.01

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

Section 12.07.01.01 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Administrative remedy procedure" means the procedure established by the Commissioner for inmate complaint resolution.

(2) "Commissioner" means the Commissioner of Correction.

(3) "Disciplinary proceeding" means Division of Correction and Patuxent Institution disciplinary proceedings.

(4) "Division" means the Division of Correction.

(5) "Executive Director" means the Executive Director of the Inmate Grievance Office, or a designee, appointed under Correctional Services Article, § 10-203, Annotated Code of Maryland.

(6) Fair Value.

(a) "Fair value" means the worth of inmate property at the time of the loss, damage, or theft of the property.

(b) "Fair value" is the lesser of the:

(i) Actual cost of the property at the time of acquisition, less any amounts attributable to depreciation, wear, use, and other factors which decrease the value of the property; or

(ii) Reasonable cost of the property at the time of acquisition, less any amounts attributable to depreciation, wear, use, and other factors which decrease the value of the property.

(7) "Filed" means that a grievance has been physically received by the Office according to requirements under this chapter.

(8) "Grievance" means the complaint of any individual in the custody of the Commissioner or confined to the Patuxent Institution against any officials or employees of the Division or the Patuxent Institution arising from the circumstances of custody or confinement.

(9) "Grievant" means an inmate in the custody of the Commissioner or confined to the Patuxent Institution who files a grievance with the Office.

(10) "Maryland Tort Claims Act" means State Government Article, §§ 12-101 -12-110, Annotated Code of Maryland.

(11) "Office" means the Inmate Grievance Office.

(12) "Prejudice" means a finding that one or more procedural errors undermine confidence in the outcome of a proceeding; that is, but for the error or errors there is a reasonable probability that the result would be different.

(13) "Property grievance" means a grievance filed by an inmate that the inmate's personal property has been improperly withheld, lost, damaged, stolen, or destroyed through the negligence or other wrongful act or omission of an employee or official of the Division of Correction or Patuxent Institution.

(14) "Secretary" means the Secretary of Public Safety and Correctional Services.

(15) "Substantial evidence" means such relevant evidence as a reasonable mind could reasonably accept as adequate to support a conclusion without reassessing credibility or substituting judgment.

(16) "Treasurer" means the State Treasurer's Office.

Md. Code Regs. 12.07.01.01

Regulation .01B amended effective August 6, 1990 (17:15 Md. R. 1861)
Regulation .01F adopted effective November 21, 1983 (10:23 Md. R. 2065)
Regulations .01 adopted effective June 6, 1994 (21:11 Md. R. 952)