7 CRR-NY 1700.3NY-CRR
7 CRR-NY 1700.3
7 CRR-NY 1700.3
1700.3 Claim review process.
The department has a two-tier system of administrative review for inmate personal property claims.
(a) Initial review.
All inmate personal property claims shall be filed with and reviewed by the deputy superintendent for administration or functional equivalent, or by a claims reviewer designated by the head of the facility.
(1) The reviewer is responsible for insuring that the claim is processed pursuant to the provisions of this Part and department directive 2733.
(2) The reviewer shall make the initial decision to approve or deny the claim and will advise the inmate accordingly.
(b) Appeal.
If an inmate desires further review, (s)he may appeal as follows:
(1) Appeal of claims up to $500. The appeal shall be made to, reviewed and decided by the facility superintendent or designee.
(2) Appeal of claims over $500. The appeal shall be forwarded to central office for review.
(3) The appeal reviewer shall examine the entire record, secure additional information as needed, and render a written decision. The initial claim decision should be reversed only where the provisions of this Part and department directive 2733 have not been followed.
(4) No further administrative review is available after appeal. The remaining option is for the inmate to pursue the claim in the Court of Claims.
7 CRR-NY 1700.3
Current through April 15, 2023
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.