1. (a) All grievances shall be transmitted without alteration, interference, or delay.
2. (b) Except as noted in Cor 313.05 (n), a Level II grievance shall not be accepted unless it demonstrates that the Level I Grievance process has been utilized and exhausted.
3. (c) Level II grievances shall be directed to the commissioner.
4. (d) Level II grievances shall be limited to one subject per grievance.
5. (e) Level II grievances must be filed within 15 days of the date of the response to the Level I Grievance.
6. (f) Residents who demonstrate a valid reason for a delay shall have an extension in the filing time granted. Requests for extension shall be made using the “Request Slip” form pursuant to Cor 312. Those on probation or parole shall be required to submit a request in writing to the appropriate authority.

7. (g) Valid reasons for a delay shall include, but not be limited to:

   1. (1) Probationer, parolee, or facility resident illness or hospitalization;
   2. (2) Death in the family; or
   3. (3) No access to writing materials.
8. (h) Level II grievances shall be date stamped on the date of receipt whether electronically or manually. The date stamp shall be the controlling factor when determining timelines.
9. (i) A grievance tracking form shall be utilized by the warden, director, or administrator to record the receipt of and response to grievances.

10. (j) The keeper of the grievance tracking form shall include on the form:

    1. (1) Probationer, parolee, or facility resident’s name;
    2. (2) Identification number;
    3. (3) Date of receipt of the grievance;
    4. (4) Nature of the grievance;
    5. (5) A summary of the reply to the grievance;
    6. (6) Date the grievance was responded to; and
    7. (7) Additional comments which may be pertinent to the grievance
11. (k) All Level II grievances shall be completed and submitted in accordance with Cor 313.05 (k) (1)(7) above.
12. (l) The commissioner shall review the grievance, direct an investigation to be conducted if necessary, and respond to the grievance.
13. (m) Inquiry into requests shall be factual.
14. (n) Residents shall be notified of the findings and what the resolution is in writing following the completion of the investigation.

15. (o) Level II grievances shall be responded to within 30 calendar days of receipt by:

    1. (1) Granting the request if the complaint is validated during the investigation process;
    2. (2) Denying the request; or if the complaint is deemed to be unfounded during the investigation process; or
    3. (3) Referring the resident to the appropriate staff or area to address the formal complaint, when, and if, it has been determined to be beyond the authority of the NHDOC.
16. (p) If investigation into the subject matter of the Level II grievance requires additional time for investigation, an additional 30 calendar days shall be available. The resident shall be notified of any extension before the initial 30 calendar days expires.

Source. #12792, eff 5-25-19