Section 2251.7 - Processing a Grievance(a) Timeframes. The Board's Americans with Disabilities Act Compliance Unit shall ensure that a complete grievance meeting the requirements of § 2251.6 be answered within 30 calendar days of receipt by the Board's Quality Control Unit.(b) Board Actions. The Board may take any of the following actions when answering a grievance. (1) Order a New Hearing. Place the matter directly on the appropriate calendar if the denial of the requested accommodation violated the prisoner or parolee's due process or disability rights to access the parole proceeding [as that term is defined in the Armstrong v. Davis Remedial Plan, January 4, 2002]. Reasons for this action shall be stated. Following a new hearing, a copy of the new decision shall be forwarded to the Board's Quality Control Unit.(2) Deny. Deny the grievance if the decision denying the accommodation was harmless or the decision was reasonable under the circumstances of the case. The decision shall document the reasons for denial and include specific citation of policy.(3) New Decision. Make a new decision if no new hearing is required and the decision will not adversely affect the prisoner or parolee.(4) Dismiss. Dismiss the grievance if it should be handled through the Department of Corrections' Inmate and Parolee Appeals System (See Title 15, Division 3, California Code of Regulations), if the Board has no jurisdiction over the issues being grieved, if the grievance is premature, or if the grievance was filed more than 90 days after the prisoner or parolee received written confirmation of the decision denying the accommodation.(c) Exhaustion of Administrative Remedies. Administrative remedies with the Board are exhausted after the prisoner or parolee has filed a grievance as specified in § 2251.5 et seq, and the above time limits have elapsed.Cal. Code Regs. Tit. 15, § 2251.7
1. New section filed 6-8-2005; operative 6-8-2005 (Register 2005, No. 23). Note: Authority cited: Section 5076.2, Penal Code. Reference: Armstrong v. Schwarzenegger (2002) USDC-ND (No. C-94-2307-CW); Title II, Americans with Disabilities Act of 1990 (ADA), 104 Stat. 328, 42 U.S.C. Sections 12101, et seq.; and Section 5076.1, Penal Code.
1. New section filed 6-8-2005; operative 6-8-2005 (Register 2005, No. 23).