# COMAR Title 12 — Department of Public Safety and Correctional Services

## Subtitle 03 — Operations

### Chapter 02 — Religious Services

#### Regulation .07 Appeal of Involuntary Suspension from the RDP.

*COMAR 12.03.02.07*

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.