<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 12.07.01.05" title_num="12" subtitle_num="07" chapter_num="01" heading="Time Limitations and Procedural Bars.">
  <paragraph num="A.">
    <text>Except as otherwise provided in this chapter, a grievant shall file a grievance within 30 days of the date that the:</text>
    <paragraph num="(1)">
      <text>Situation or occurrence that is the subject of the grievance took place; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Grievant knew or should have known of the situation or occurrence that is the subject of the grievance.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>If the grievance is based on an appeal from the administrative remedy procedure, a grievant shall file the grievance within 30 days of the date that the:</text>
    <paragraph num="(1)">
      <text>Grievant received the Commissioner's response concerning the appeal; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Commissioner's response to the appeal was due to the grievant.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>If the grievance is based on an appeal from a disciplinary proceeding, a grievant shall file the grievance within 30 days of the date that the:</text>
    <paragraph num="(1)">
      <text>Grievant received the warden's final response to the appeal; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Warden's response to the appeal was due to the grievant.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>If a grievant filed a complaint with a court and the court dismissed the complaint because the grievant did not exhaust administrative remedies, the grievant may file a grievance, based on the subject of the complaint filed with the court, with the Office within 30 days of the date the order of dismissal was entered or filed by the court.</text>
  </paragraph>
  <paragraph num="E.">
    <text>The Office may dismiss any disciplinary proceeding appeal and any grievance within the scope of the administrative remedy procedure that has not been properly exhausted through all institutional remedies in a timely manner.</text>
  </paragraph>
  <paragraph num="F.">
    <text>A time limitation or procedural bar may be waived for a grievance which represents a continuing problem or for which good cause is shown for a failure to proceed in a timely fashion.</text>
  </paragraph>
</regulation>