Md. Code Regs. 12.07.01.09

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

Section 12.07.01.09 - Property Grievances

A. Except as otherwise provided under this regulation, a grievance challenging administrative actions taken in connection with an inmate's property is processed the same as a grievance for any other issue properly before the Office.

B. Except as otherwise provided under §C of this regulation, the grievant has the burden of proof, by a preponderance of evidence, of the following:

(1) That the property was lost, damaged, stolen, or destroyed through the negligence or other wrongful act or omission of an employee or official of the Division or the Patuxent Institution;

(2) That the grievant was the owner of the property at the time of the alleged loss, damage, theft, or destruction;

(3) That the grievant was authorized to possess the property under the rules of the correctional facility in which the grievant was confined at the time of the alleged loss, damage, theft, or destruction; and

(4) The fair value of the property at the time of the alleged loss, damage, theft, or destruction.

C. If the grievance concerns inmate property that has been confiscated, the grievant has the burden of proving, by a preponderance of evidence:

(1) That the property was lost, damaged, stolen, destroyed, or improperly confiscated through the negligence or other wrongful act or omission of an employee or official of the Division or the Patuxent Institution;

(2) That an employee or official of the Division or the Patuxent Institution failed to comply with institutional rules governing disposition of confiscated property;

(3) That the grievant complied with all institutional rules governing inmate disposition of confiscated property;

(4) That the grievant was the owner of the property at the time of the alleged loss, damage, theft, destruction, or confiscation; and

(5) The fair value of the property at the time of the alleged loss, damage, theft, destruction, or confiscation.

D. To the extent that a grievance concerns property that is contraband, the possession of which is a crime under Criminal Law Article, § 9-412, Annotated Code of Maryland, the grievance shall be dismissed as without merit.

E. If the administrative law judge decides a grievance in favor of the grievant, the administrative law judge shall:

(1) Issue a proposed decision and proposed order recommending that:

(a) The grievant be reimbursed for, or given a replacement for, property which has been lost, damaged, stolen, or destroyed; or

(b) Improperly confiscated property which has not been lost, damaged, stolen, or destroyed, be returned to the grievant;

(2) Note in the proposed decision and proposed order whether the grievant has filed a claim under the Maryland Tort Claims Act; and

(3) Forward the decision and proposed order to the Secretary.

Md. Code Regs. 12.07.01.09

Regulations .09 adopted effective June 6, 1994 (21:11 Md. R. 952)