In this section and throughout this subtitle, when referring to the written
document submitted to the Inmate Grievance Office, the reference to a
"complaint" is substituted for the former reference to a "grievance or
complaint" for brevity and consistency with terminology used elsewhere in
this subtitle. See, e.g., §§ 10-205, 10-208(d), and 10-209(a) and (b) of this
subtitle. Correspondingly, in subsections (a) and (b) of this section, the
references to a "complaint" are deleted when referring to a grievance that
is not in the form of a written document.

In subsection (a) of this section, the introductory clause, "[s]ubject to
subsection (b) of this section", is added for clarity.

In subsection (b) of this section, the former phrase "to the extent that" is
deleted as unnecessary in light of the word "[i]f".

Also in subsection (b) of this section, the reference to the grievance "of an
individual described in subsection (a) of this section" is substituted for the
former reference to "an inmate's" grievance to avoid confusion with the
definition of the term "inmate" in § 1-101 of this article.

Defined terms: "Commissioner of Correction" § 1-101
"Correctional facility" § 1-101
"Division of Correction" § 1-101
"Office" § 10-201

10-207. PRELIMINARY REVIEW.

(A) REQUIRED.

THE EXECUTIVE DIRECTOR OR THE DIRECTOR'S DESIGNEE SHALL CONDUCT A
PRELIMINARY REVIEW OF EACH COMPLAINT SUBMITTED TO THE OFFICE.

(B) DISMISSAL.

(1) AFTER PRELIMINARY REVIEW, IF THE COMPLAINT IS DETERMINED
TO BE WHOLLY LACKING IN MERIT ON ITS FACE, THE EXECUTIVE DIRECTOR OR THE
DIRECTOR'S DESIGNEE MAY DISMISS THE COMPLAINT WITHOUT A HEARING OR
SPECIFIC FINDINGS OF FACT.

(2) (I) THE ORDER OF DISMISSAL SHALL BE FORWARDED TO THE
COMPLAINANT WITHIN 60 DAYS AFTER THE COMPLAINT WAS SUBMITTED TO THE
OFFICE.

(II) THE ORDER OF DISMISSAL CONSTITUTES THE FINAL DECISION
OF THE SECRETARY FOR PURPOSES OF JUDICIAL REVIEW.

(C) REFERRAL TO OFFICE OF ADMINISTRATIVE HEARINGS.

(1) AFTER PRELIMINARY REVIEW, IF THE COMPLAINT IS NOT FOUND TO
BE WHOLLY LACKING IN MERIT ON ITS FACE, THE OFFICE SHALL REFER THE
COMPLAINT TO THE OFFICE OF ADMINISTRATIVE HEARINGS.