Regulation .07 Appeal of Involuntary Suspension from the RDP.
Regulation .07 Appeal of Involuntary Suspension from the RDP.LinkCopy Citation
A.
An incarcerated individual may appeal a facility chaplain’s, or a designee’s, decision made in accordance with Regulation .06 of this chapter.
B.
An incarcerated individual filing an appeal under §A of this regulation shall:
(1)
File the appeal within 10 business days of the date of the adverse decision;
(2)
Submit the appeal on a form or in a manner approved by the Chief of Religious Services to the facility chaplain, or a designee; and
(3)
Remain in the RDP during the appeal process.
C.
Within 10 business days of receipt of an appeal under §B of this regulation, the facility chaplain, or a designee, shall:
(1)
Attach the incarcerated individual’s appeal to other forms completed as part of the action taken by the facility chaplain, or a designee, to remove the incarcerated individual from the RDP;
(2)
Provide a written recommendation regarding the appeal that includes the reason and support for the recommendation; and
(3)
Forward the documents to the managing official, or a designee.
D.
Within 10 business days of receipt of an appeal under §C(3) of this regulation, the managing official, or a designee, shall:
(1)
Review and, if necessary, obtain additional information concerning the documents received;
(2)
Decide to:
(a)
Affirm the original decision and sanction;
(b)
Affirm the original decision and reduce the original sanction; or
(c)
Overturn the original finding that a violation occurred;
(3)
Provide a written decision that includes the reason and support for the decision; and
(4)
Forward the documents to the facility chaplain, or a designee.
E.
Upon receipt of a decision under §D(4) of this regulation, the facility chaplain, or a designee, shall comply with applicable requirements established under §D(2) of this regulation.