W. Va. Code R. § 90-9-3

Current through Register Vol. XLI, No. 45, November 8, 2024
Section 90-9-3 - General Provisions
3.1. Nothing in this Rule shall be construed to provide an inmate with any additional liberty interest that would not otherwise exist if this Rule did not exist.
3.2. Copies of all inmate grievances, appeals, and responses at Unit Manager and Warden/Administrator's level shall be maintained at the institution. Once appealed to the Commissioner, the grievance shall be filed within the inmate's central office file. Only the grievance filed within the central office file shall be indicative of whether the inmate has exhausted administrative remedies.
3.3. Except for allegations brought under Section 7 of this Rule, an inmate may not use the Inmate Grievance Procedure to submit a grievance or appeal on behalf of another inmate or for any matter that does not directly affect the inmate filing the grievance.
3.4. Any inmate who fails to fully and properly comply with the provisions set forth in this Rule shall not be considered to have taken full advantage of administrative remedies afforded him/her and therefore has not exhausted administrative remedies.
3.5. The Warden/Administrator shall maintain a searchable record of all grievances. The record shall be searchable in the following manners: name or DOC number of inmate; grievance number; type of grievance and date of filing.
3.6. This Rule represents the general administrative remedy procedures for the Division of Corrections. Staff are instructed that this Rule will apply to any issue advanced by an inmate that does not have a specific administrative remedy identified by this Rule. Inmates should, as a general guideline, not to be told that an issue is not "grievable." If an issue is not properly presented under this Rule, the inmate should be instructed as to the proper policy and procedure for seeking an administrative remedy. However, being able to grieve an issue does not equate to being entitled to relief sought.

W. Va. Code R. § 90-9-3