[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR542.14]

[Page 541-542]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
           CHAPTER V--BUREAU OF PRISONS, DEPARTMENT OF JUSTICE
 
PART 542--ADMINISTRATIVE REMEDY--Table of Contents
 
                Subpart B--Administrative Remedy Program
 
Sec. 542.14  Initial filing.

    (a) Submission. The deadline for completion of informal resolution 
and submission of a formal written Administrative Remedy Request, on the 
appropriate form (BP-9), is 20 calendar days following the date on which 
the basis for the Request occurred.
    (b) Extension. Where the inmate demonstrates a valid reason for 
delay, an extension in filing time may be allowed. In general, valid 
reason for delay means a situation which prevented the inmate from 
submitting the request within the established time frame. Valid reasons 
for delay include the following: an extended period in-transit during 
which the inmate was separated from documents needed to prepare the 
Request or Appeal; an extended period of time during which the inmate 
was physically incapable of preparing a Request or Appeal; an unusually 
long period taken for informal resolution attempts; indication by an 
inmate, verified by staff, that a response to the inmate's request for 
copies of dispositions requested under Sec. 542.19 of this part was 
delayed.
    (c) Form. (1) The inmate shall obtain the appropriate form from CCC 
staff or institution staff (ordinarily, the correctional counselor).
    (2) The inmate shall place a single complaint or a reasonable number 
of closely related issues on the form. If the inmate includes on a 
single form multiple unrelated issues, the submission shall be rejected 
and returned without response, and the inmate shall be advised to use a 
separate form for each unrelated issue. For DHO and UDC appeals, each 
separate incident report number must be appealed on a separate form.
    (3) The inmate shall complete the form with all requested 
identifying information and shall state the complaint in the space 
provided on the form. If more space is needed, the inmate may use up to 
one letter-size (8\1/2\'' by 11'') continuation page. The inmate must 
provide an additional copy

[[Page 542]]

of any continuation page. The inmate must submit one copy of supporting 
exhibits. Exhibits will not be returned with the response. Because 
copies of exhibits must be filed for any appeal (see Sec. 542.15(b)(3)), 
the inmate is encouraged to retain a copy of all exhibits for his or her 
personal records.
    (4) The inmate shall date and sign the Request and submit it to the 
institution staff member designated to receive such Requests (ordinarily 
a correctional counselor). CCC inmates may mail their Requests to the 
CCM.
    (d) Exceptions to initial filing at institution--(1) Sensitive 
issues. If the inmate reasonably believes the issue is sensitive and the 
inmate's safety or well-being would be placed in danger if the Request 
became known at the institution, the inmate may submit the Request 
directly to the appropriate Regional Director. The inmate shall clearly 
mark ``Sensitive'' upon the Request and explain, in writing, the reason 
for not submitting the Request at the institution. If the Regional 
Administrative Remedy Coordinator agrees that the Request is sensitive, 
the Request shall be accepted. Otherwise, the Request will not be 
accepted, and the inmate shall be advised in writing of that 
determination, without a return of the Request. The inmate may pursue 
the matter by submitting an Administrative Remedy Request locally to the 
Warden. The Warden shall allow a reasonable extension of time for such a 
resubmission.
    (2) DHO appeals. DHO appeals shall be submitted initially to the 
Regional Director for the region where the inmate is currently located.
    (3) Control Unit appeals. Appeals related to Executive Panel Reviews 
of Control Unit placement shall be submitted directly to the General 
Counsel.
    (4) Controlled housing status appeals. Appeals related to the 
Regional Director's review of controlled housing status placement may be 
filed directly with the General Counsel.