1. (a) The superintendent, regional administrator, deputy director of parole, or Director may submit a grievance to the assigned outside neutral person with a recommendation that the request for independent review be denied if one or more of the following circumstances exist:

   1. (1) The ward or his representative is unable to explain the grievance or to clearly state the issue, or
   2. (2) The grievance is deemed to be trivial or of minimal importance, or
   3. (3) There has been a prior independent review of the same issue within a reasonable period of time, or
   4. (4) The matter is clearly outside the jurisdiction of the grievance procedure.

2. (b) In cases where the Department requests that the independent review be denied:

   1. (1) The grievance issue shall be submitted to the institution's ward grievance clerks for their review and recommendations. The original grievance committee may perform this function in an institution or a parole region which has fewer than three ward grievance clerks.
   2. (2) The majority and minority opinions of the grievance clerks or grievance committee, together with a prior independent review opinion, if applicable, shall be furnished to the outside neutral person along with the recommendation for denial.

3. (c) The outside neutral person shall conduct a review of the documents and make a final decision concerning whether the issue is arbitrable and/or merits review.

   1. (1) If the outside neutral person determines that the grievance does not merit a full hearing because the issue is not arbitrable, he shall prepare a written evaluation of the grievance and rationale for denial of the hearing and forward it to the ward.
   2. (2) If the outside neutral person determines that the grievance does merit a review hearing, the provision of Sections 4099-4101 shall apply.

Note: Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1752 and 1766.5, Welfare and Institutions Code.

History

1. Change without regulatory effect renumbering title 15, section 4102 to title 9, section 30512 filed 2-13-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 7).