Md. Code Regs. 12.07.01.10

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

Section 12.07.01.10 - Action After Hearing

A. Decision and Final Order When the Grievance Is Without Merit. If an administrative law judge conducts a hearing and determines that a grievance is without merit:

(1) The administrative law judge shall:

(a) Issue the decision and order in writing including:

(i) Findings of fact; and

(ii) Conclusions of law; and

(b) Distribute the written decision and order as required under §C(2) of this regulation; and

(2) That decision is a final decision for the purpose of judicial review.

B. Submission of Proposed Decision and Proposed Order to Secretary When the Grievance Is Meritorious. If an administrative law judge conducts a hearing and determines that a grievance has merit, in whole or in part, the administrative law judge shall:

(1) Issue a proposed decision and proposed order in writing including:

(a) Findings of fact; and

(b) Conclusions of law; and

(2) Forward the proposed decision and proposed order to the Secretary for final action.

(3) The Secretary, or a designee, shall review the proposed decision and proposed order of the administrative law judge to ensure that:

(a) The Inmate Grievance Office has jurisdiction over the subject matter of the grievance;

(b) The findings of fact are supported by the record;

(c) The conclusions of law are supported by the findings of fact;

(d) The proposed decision constitutes a proper interpretation and application of relevant law;

(e) The proposed remedy is appropriate; and

(f) Funds have been appropriated or are otherwise available if a monetary award is recommended.

(4) Within 15 days of receipt of the proposed decision and proposed order of the administrative law judge, the Secretary shall issue an order that:

(a) Affirms the proposed decision and proposed order of the administrative law judge;

(b) Reverses the proposed decision and proposed order of the administrative law judge;

(c) Modifies the proposed decision and proposed order of the administrative law judge; or

(d) Remands the action for further administrative proceedings or consideration.

(5) The Secretary's order under §B(4) of this regulation is a final order for the purposes of judicial review.

C. Final Decision-Notifications.

(1) If the Executive Director dismisses a grievance without a hearing following a preliminary review, the Executive Director shall, on the date of the decision, send written notification to:

(a) The grievant; and

(b) If appropriate, the grievant's attorney.

(2) If an administrative law judge issues a final decision and order denying and dismissing a grievance as without merit under §A(1) of this regulation, the administrative law judge shall, on the date of the decision, send written notification to the following:

(a) The grievant;

(b) If applicable, the grievant's attorney;

(c) The Office;

(d) The warden of the grievant's correctional facility; and

(e) The Commissioner or the Director of the Patuxent Institution, whoever is responsible for the custody of the grievant.

(3) If the Secretary issues a final decision and order under §B(4) of this regulation, the Secretary, or a designee, shall, on the date of the decision, send written notification to the following:

(a) Those individuals identified under §C(2) of this regulation; and

(b) The Office of Administrative Hearings.

D. Monetary Damages.

(1) If an administrative law judge recommends awarding a grievant monetary damages and the Secretary concurs with that recommendation, the Secretary shall:

(a) Include this decision in the Secretary's order under §B(4) of this directive;

(b) If the grievant is also pursuing a claim under the Maryland Tort Claims Act, include this information in the order indicating that payment is contingent upon the Treasurer's decision on the tort claim; and

(c) Forward the order to the Office of the Treasurer.

(2) If the Treasurer decides to pay the award, the Treasurer, or a designee, shall:

(a) Arrange for payment to the grievant; and

(b) Notify the Secretary, in writing, of the decision and arrangements for payment.

(4) If the Treasurer denies payment of the award, the Treasurer shall notify the Secretary, in writing.

(5) If notified under §D(4) of this regulation, the Secretary may arrange for payment of the award:

(a) From the Department's budget; or

(b) Through the Board of Public Works.

Md. Code Regs. 12.07.01.10

Regulations .10 adopted effective June 6, 1994 (21:11 Md. R. 952)