Utah Admin. Code R251-115-7 - Program Noncompliance Appeal Process

(1) The jail commander shall have ten (10) working days to submit a written plan to bring the program into compliance

(a) after receiving the result of the peer review citing noncompliance; or

(b) after a final decision is made on an appeal.

(2) The following is the appeal process for noncompliance:

(a) Within ten (10) working days of receiving the report, the jail commander may appeal any cited noncompliance to the Director of IPP.

(b) The Director of IPP has five (5) working days after receiving the written plan or appeal to review, make a determination and inform the jail commander in writing of the noncompliance status.

(c) If the Director of IPP denies the appeal or rejects the written plan, the jail commander may appeal the decision in writing to the UDC Programming Director within five (5) working days of receiving the response from the Director of IPP.

(d) The UDC Programming Director has five (5) working days after receipt of the appeal from the jail commander to review and respond in writing to the jail commander with a copy of the response provided to the sheriff.

(e) Should the contract facility sheriff not be satisfied with the findings and response the jail commander has received after utilizing the two (2) level review/appeal process, the sheriff may request a review by the Executive Director of Corrections. This request shall:

(i) be in writing and be made within ten (10) working days of receipt of the decision received from the UDC Programming Director; and

(ii) specify why the responses provided in the first two (2) levels did not remedy the request.

(f) The Executive Director of Corrections has ten (10) working days to review the request from the sheriff and provide a final decision to the appeal. A copy of the Executive Director's decision will be distributed as appropriate.

Notes

Utah Admin. Code R251-115-7