In this subtitle, “Office” means the Inmate Grievance Office.

There is an Inmate Grievance Office in the Department.

With the approval of the Governor, the Secretary shall appoint an Executive Director of the Office. The Executive Director serves at the pleasure of the Secretary. The Executive Director is entitled to the compensation provided in the State budget. In accordance with the State budget, the Secretary may provide the Office with the administrative, secretarial, and clerical employees necessary for the efficient administration of the powers and duties of the Office.

Subject to the approval of the Secretary, the Office may adopt regulations governing the conduct of its proceedings under this subtitle.

The Office shall keep a record of all complaints submitted to the Office under this subtitle and the disposition of each complaint. The record shall be open to public inspection during regular business hours.

Subject to subsection (b) of this section, if an individual confined in a correctional facility in the Division of Correction, otherwise in the custody of the Commissioner of Correction, or confined in the Patuxent Institution has a grievance against an official or employee of the Division of Correction or the Patuxent Institution, the individual may submit a complaint to the Office within the time and in the manner required by regulations adopted by the Office. If the Division of Correction or the Patuxent Institution has a grievance procedure applicable to the particular grievance of an individual described in subsection (a) of this section and the Office considers the procedure to be reasonable and fair, the Office, by regulation, may require that the procedure be exhausted before submission of a complaint to the Office.

The Executive Director or the Director’s designee shall conduct a preliminary review of each complaint submitted to the Office. After preliminary review, if the complaint is determined to be wholly lacking in merit on its face, the Executive Director or the Director’s designee may dismiss the complaint without a hearing or specific findings of fact. The order of dismissal shall be forwarded to the complainant within 60 days after the complaint was submitted to the Office. The order of dismissal constitutes the final decision of the Secretary for purposes of judicial review. After preliminary review, if the complaint is not found to be wholly lacking in merit on its face, the Office shall refer the complaint to the Office of Administrative Hearings. The Office of Administrative Hearings shall hold a hearing on the complaint as promptly as practicable.

The Office of Administrative Hearings may conduct hearings under this subtitle at correctional facilities in the Division of Correction or at the Patuxent Institution. With the approval of the Secretary, the Office of Administrative Hearings shall have access to documentary evidence of any person or facility that is the subject of an investigation or proceeding under this subtitle: at all reasonable times; and for the purpose of examining and copying the evidence. The Office of Administrative Hearings may issue subpoenas requiring: the attendance and testimony of witnesses; and the production of documentary evidence relating to any matter under investigation. The administrative law judge presiding at a hearing may administer oaths. A record of the testimony presented at the hearing shall be kept in accordance with regulations adopted by the Office of Administrative Hearings. The complainant has the right to appear before the Office of Administrative Hearings and to be represented by an attorney of the complainant’s choice at the complainant’s expense. The complainant shall have the opportunity to call a reasonable number of witnesses depending on the circumstances and the nature of the complaint, subject to the discretion of the Office of Administrative Hearings and the Inmate Grievance Office as to the relevance of the testimony and questions and the number of witnesses sought to be called. The complainant shall have a reasonable opportunity to question any witness who testifies before the Office of Administrative Hearings. The rights of the complainant under this subsection may not be unreasonably withheld or restricted by the Office of Administrative Hearings or the Inmate Grievance Office.

Promptly after the hearing on a complaint, the Office of Administrative Hearings shall issue a decision in the form of an order. The order shall include a statement of the findings of fact, the conclusions of law, and the disposition of the complaint under subsection (b) of this section. If the Office of Administrative Hearings dismisses the complaint as wholly lacking in merit, it promptly shall forward an order of dismissal to the complainant. The order of dismissal constitutes the final decision of the Secretary for purposes of judicial review. If the Office of Administrative Hearings concludes that the complaint is wholly or partly meritorious, it promptly shall forward a proposed order to the Secretary. Within 15 days after receiving a proposed order under subsection (b)(2) of this section, the Secretary shall issue an order affirming, reversing, or modifying the order of the Office of Administrative Hearings, or remanding the complaint to the Office of Administrative Hearings for further proceedings. The Secretary may take any action the Secretary considers appropriate in light of the findings of the Office of Administrative Hearings, including ordering the appropriate official to accept as a whole or in part the recommendation of the Office of Administrative Hearings. The Secretary’s order shall be forwarded promptly to the complainant. Unless the complaint is remanded, the Secretary’s order constitutes the final decision for purposes of judicial review.

A court may not consider an individual’s grievance that is within the jurisdiction of the Office or the Office of Administrative Hearings unless the individual has exhausted the remedies provided in this subtitle. The complainant is entitled to judicial review of the final decision of the Secretary under § 10–207(b)(2)(ii) or § 10–209(b)(1)(ii) or (c)(3)(ii) of this subtitle. Proceedings for review shall be instituted in the circuit court of the county in which the complainant is confined. Review by the court shall be limited to: a review of the record of the proceedings before the Office and the Office of Administrative Hearings and any order issued by the Secretary following those proceedings; and a determination of whether the complainant’s rights under federal or State law were violated. The Administrative Procedure Act does not apply to appellate review of a final judgment of the circuit court under this section. A party aggrieved by the decision of the circuit court may file an application for leave to appeal to the Appellate Court of Maryland in accordance with the Maryland Rules.