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<regulation prefix="Regulation" num=".09" citation="COMAR 12.07.01.09" title_num="12" subtitle_num="07" chapter_num="01" heading="Property Grievances.">
  <paragraph num="A.">
    <text>Except as otherwise provided under this regulation, a grievance challenging administrative actions taken in connection with an inmate's property is processed the same as a grievance for any other issue properly before the Office.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Except as otherwise provided under §C of this regulation, the grievant has the burden of proof, by a preponderance of evidence, of the following:</text>
    <paragraph num="(1)">
      <text>That the property was lost, damaged, stolen, or destroyed through the negligence or other wrongful act or omission of an employee or official of the Division or the Patuxent Institution;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>That the grievant was the owner of the property at the time of the alleged loss, damage, theft, or destruction;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>That the grievant was authorized to possess the property under the rules of the correctional facility in which the grievant was confined at the time of the alleged loss, damage, theft, or destruction; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The fair value of the property at the time of the alleged loss, damage, theft, or destruction.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>If the grievance concerns inmate property that has been confiscated, the grievant has the burden of proving, by a preponderance of evidence:</text>
    <paragraph num="(1)">
      <text>That the property was lost, damaged, stolen, destroyed, or improperly confiscated through the negligence or other wrongful act or omission of an employee or official of the Division or the Patuxent Institution;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>That an employee or official of the Division or the Patuxent Institution failed to comply with institutional rules governing disposition of confiscated property;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>That the grievant complied with all institutional rules governing inmate disposition of confiscated property;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>That the grievant was the owner of the property at the time of the alleged loss, damage, theft, destruction, or confiscation; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The fair value of the property at the time of the alleged loss, damage, theft, destruction, or confiscation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>To the extent that a grievance concerns property that is contraband, the possession of which is a crime under Criminal Law Article, §9-412, Annotated Code of Maryland, the grievance shall be dismissed as without merit.</text>
  </paragraph>
  <paragraph num="E.">
    <text>If the administrative law judge decides a grievance in favor of the grievant, the administrative law judge shall:</text>
    <paragraph num="(1)">
      <text>Issue a proposed decision and proposed order recommending that:</text>
      <paragraph num="(a)">
        <text>The grievant be reimbursed for, or given a replacement for, property which has been lost, damaged, stolen, or destroyed; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Improperly confiscated property which has not been lost, damaged, stolen, or destroyed, be returned to the grievant;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Note in the proposed decision and proposed order whether the grievant has filed a claim under the Maryland Tort Claims Act; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Forward the decision and proposed order to the Secretary.</text>
    </paragraph>
  </paragraph>
</regulation>