Any Time Your Emails are Rejected by Washington DOC You Must be Notified in Writing!
Did you know that anytime your emails to your loved one are rejected, DOC staff are required to notify you in writing of the rejection and of your right to appeal that rejection? Did you know that you have a fundamental right for DOC to abide by the Washington Administrative Code (WAC)?
WAC 137-48-050(2) provides in pertinent part: ''If an individual's incoming mail is restricted, written notification will be provided to the individual and the sender by the mailroom staff. This notification shall contain the specific reason for this action. The individual and the sender shall be advised in writing of his/her right to seek review of the decision to restrict his/her mail.''
What this law means is that, if DOC rejects your email communications to your incarcerated loved ones, they're required to give both you and your loved ones notice of the rejection, and notice to both you and your loved one of your ability to appeal the rejection. And they have to give this notice to you every time they reject your emails. Failure to give you this notice is an intentional violation of State laws.
“DOC is required to follow the WAC whenever it uses its discretion to restrict your incoming mail. An agency’s violation of the WACs (rules) which govern its exercise of discretion is certainly contrary to law, and the right to have an agency abide by the rules to which it is subject is a fundamental right.”
See, DOC is required to follow the WAC whenever it uses its discretion to restrict your incoming mail. An agency's violation of the WACs (rules) which govern its exercise of discretion is certainly contrary to law, and the right to have an agency abide by the rules to which it is subject is a fundamental right. Pierce County Sheriff v. Civil Service Comm'n., 98 Wn.2d 690, 693-94, 658 P.2d 648 (1983)(citing Leonard v. Civil Service Comm'n, 25 Wn.App. 699, 701-02, 611 P.2d 914 (1979)).
In other words, if DOC isn't following the WAC rules for restricting your mail (WAC 137-48) then DOC is intentionally violating your fundamental rights!
