Cal. Code Regs. Tit. 15, § 3999.235 - Health Care Grievance and Health Care Grievance Appeal Withdrawal

(a) With the exception of health care grievances determined to be health care staff complaints, the grievant may withdraw a health care grievance or health care grievance appeal by requesting to have the processing stopped at any point up to receiving a signed response.

(b) The request to withdraw a health care grievance or health care grievance appeal shall identify the reason for the withdrawal in Section E of the CDCR 602 HC, and shall be signed and dated by the grievant. The grievant may also submit a written request to the reviewing authority, including the reason for withdrawal, grievant signature, and date.

(c) If there is agreed-upon relief noted in writing at the time of a withdrawal and the relief is not provided, the grievant may submit a new separate health care grievance on that issue within 30 calendar days of the failure to receive relief.

(d) The withdrawal of a health care grievance or health care grievance appeal does not preclude further administrative action regarding the issues being grieved.

(e) The decision to accept a request to withdraw a health care grievance or health care grievance appeal is at the discretion of the HCGO or HCCAB.

(1) The grievant shall be provided a response of acceptance of the request to withdraw a health care grievance or health care grievance appeal.

(2) If the request to withdraw a health care grievance or health care grievance appeal is not accepted, the processing of the health care grievance or health care grievance appeal shall continue and a response shall be issued, unless the grievant is paroled, deceased, or discharged pursuant to section 3999.237.

Notes

Cal. Code Regs. Tit. 15, § 3999.235

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Americans With Disabilities Act, Public Law 101-336, July 26, 1990, 104 Stat. 328; Civil Rights of Institutionalized Persons Act, Title 42 U.S.C. Section 1997 et seq., Public Law 96-247, 94 Stat. 349; Section 35.107, Title 28, Code of Federal Regulations; Armstrong v. Newsom (No. C-94-2307-CW), U.S. District Court, Northern District of California; Coleman v. Newsom (No. S 90-0520 LKK JFM P) U.S. District Court, Eastern District of California; and Plata v. Newsom (No. C01-1351 JST), U.S. District Court, Northern District of California.

1. Change without regulatory effect renumbering and amending former section 3087.10 to new section 3999.235 filed 8-6-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 32).
2. Change without regulatory effect amending Note filed 4-15-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 16).