496                                  Laws of Maryland                        [Ch. 210

of Correction or the Patuxent Institution, may submit such griev-
ance or complaint to the Inmate Grievance Commission within such
time and in such manner as prescribed by regulations promulgated
by the Commission. If, and to the extent that, the Division of Cor-
rection or the Patuxent Institution has a grievance or complaint
procedure applicable to an inmate's particular grievance or com-
plaint, and if the Inmate Grievance Commission deems such pro-
cedure reasonable and fair, the Commission may by regulations re-
quire that such procedure be exhausted prior to the submission of
the grievance or complaint to the Commission.

(e)   When a grievance or complaint is submitted to the Inmate
Grievance Commission, the Commission, or any member thereof or
the Executive Director, if so provided by the Commission's regula-
tions, shall preliminary review the grievance or complaint. If upon
such preliminary review the grievance or complaint is determined to
be on its face wholly lacking in merit, it may be dismissed, by the
reviewing Commissioners or Commissioner or Executive Director
as the case may be, without a hearing or without specific findings of
fact. Such order of dismissal shall promptly be forwarded to the
complainant and shall constitute the final decision of the Secretary
of Public Safety and Correctional Services for purposes of any
judicial review.

(f)   Whenever, after the preliminary review provided for in sub-
section (e), a grievance or complaint is not found to be on its face
wholly kicking in merit, the Commission shall as promptly as prac-
ticable hold a hearing on the grievance or complaint. At least three
members of the Commission shall sit at any hearing, and decisions
shall be by a majority of those sitting. A record of the testimony
presented at the hearing may be kept according to the rules and
regulations promulgated by the Commission. The Commission's de-
cision shall be issued in the form of an order which shall include
a statement of the findings of fact, the Commission's conclusions
and its disposition of the complaint. The types of disposition shall
be as follows:

(1)  If after the hearing, the Commission finds in its order that the
complaint is wholly lacking in merit and should be dismissed, such
an order of dismissal shall be promptly forwarded to the complainant
and shall constitute the final decision of the Secretary of Public
Safety and Correctional Services for purposes of any judicial review.

(2)  However, if after the hearing, the Commission in its order
finds that the inmate's complaint was in whole or in part meritorious,
such order shall be promptly forwarded to the Secretary of Public
Safety and Correctional Services. Within fifteen days of the receipt
of such an order, the Secretary by order shall affirm the order of the
Commission, or shall reverse or modify the order where he disagrees
with the findings and conclusions of the Commission. The Secretary
shall order that the appropriate official of the institution in question
accept in whole or in part the recommendation of the Commission
or the Secretary may take whatever action he deems appropriate
in light of the Commission's findings. The order of the Secretary
shall be promptly forwarded to the complainant, and the Secretary's
order shall constitute the final decision for purposes of judicial
review.

(g)   The Commission, with the approval of the Secretary of Public
Safety and Correctional Services, shall at all reasonable times have