Md. Code Regs. 12.07.01.06

Current through Register Vol. 51, No. 22, November 1, 2024

Section 12.07.01.06 - Preliminary Review-Executive Director

A. The Executive Director shall conduct a preliminary review of a grievance and determine if the grievance should:

(1) Be dismissed; or

(2) Proceed to a hearing.

B. The Executive Director shall dismiss a grievance on preliminary review as wholly lacking in merit if:

(1) The grievant is not in the custody of the Commissioner or the Director of the Patuxent Institution at the time the grievance is received by the Office;

(2) The grievance is not brought against any official or employee of the Division or the Patuxent Institution;

(3) The grievance is not filed within the time constraints and does not meet the exceptions under Regulation .05 of this chapter;

(4) The grievant did not properly exhaust remedies available under the administrative remedy procedure or the disciplinary proceeding;

(5) The grievant does not establish a claim for which the Office can grant relief; or

(6) The grievance is moot.

C. The Executive Director shall notify the grievant, in writing, of the decision to dismiss the grievance on preliminary review.

D. The Executive Director's decision to dismiss a grievance following a preliminary review is final.

Md. Code Regs. 12.07.01.06

Regulation .06 amended effective August 6, 1990 (17:15 Md. R. 1861)
Regulation .06B amended effective August 10, 1987 (14:16 Md. R. 1776)
Regulations .06 adopted effective June 6, 1994 (21:11 Md. R. 952)