West Virginia Code § 25-1A-2

Exhaustion of ordinary administrative remedies
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(a) As used in this section, an "ordinary administrative remedy" is a formal administrative
process by which an inmate submits a grievance seeking redress or presenting concerns
regarding any general or particular aspect of prison life which does not involve violence,
sexual assault or sexual abuse against an inmate. An ordinary administrative remedy
includes, but is not limited to, complaints concerning food quality, health caere, appeals of
prison discipline, physical plant, classification, staff treatment or some other alleged wrong.
(b) The Commissioner of the Division of Corrections and the Executive Director of the
Regional Jail Authority are authorized to establish procedures four ordinary administrative
remedies according to their respective authority for issuance of policies governing the
conduct of inmates. t
(c) An inmate may not bring a civil action regarding an ordinary administrative remedy until
the procedures promulgated by the agency have been exhausted.
(d) An ordinary administrative remedy is conssidered exhausted when the inmate's grievance
complies with duly promulgated rules and regulations regarding inmate grievance
procedures, has been accepted, fully appeialed and has received a final decision from the
Commissioner of Corrections or the gCommissioner's designee, or the Executive Director of
the Regional Jail Authority, or the director's designee.
(e) The agency shall issue a final decision regarding an ordinary administrative remedy no
later than sixty days from the date the inmate filed his or her initial grievance. Computation
of the sixty-day time period shall not include time consumed by inmates in preparing any
administrative appeal. The agency may claim an extension of time to issue a final decision
regarding an ordinary administrative remedy of up to thirty days if the sixty day final
decision time frame is insufficient to make an appropriate decision, except in cases involving
a threat to health, life or safety of the prisoner. The agency shall notify the inmate in writing
of aWny such extension and provide a date by which the final decision regarding an ordinary
administrative remedy will be made.

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