The Executive Director shall conduct a preliminary review of a grievance and determine if the grievance should: Be dismissed; or Proceed to a hearing. The Executive Director shall dismiss a grievance on preliminary review as wholly lacking in merit if: The grievant is not in the custody of the Commissioner or the Director of the Patuxent Institution at the time the grievance is received by the Office; The grievance is not brought against any official or employee of the Division or the Patuxent Institution; The grievance is not filed within the time constraints and does not meet the exceptions under Regulation .05 of this chapter; The grievant did not properly exhaust remedies available under the administrative remedy procedure or the disciplinary proceeding; The grievant does not establish a claim for which the Office can grant relief; or The grievance is moot. The Executive Director shall notify the grievant, in writing, of the decision to dismiss the grievance on preliminary review. The Executive Director's decision to dismiss a grievance following a preliminary review is final.