Or. Admin. Code § 291-109-0225

Current through Register Vol. 63, No. 11, November 1, 2024

Section 291-109-0225 - Grievance and Appeals General Processing Standards

(1) The institution grievance coordinator shall date stamp the grievance form or appeal upon receipt. After the form has been date stamped and recorded, the AIC will be issued a return receipt, and if accepted, the grievance or grievance appeal will be forwarded to the appropriate staff or manager for review and response.

(2) Grievances and grievance appeals returned for correction:

(a) An AIC may elect to resubmit a grievance or grievance appeal that has been returned for correction to the AIC because it does not comply with these rules.

(b) The grievance or grievance appeal may only be resubmitted twice and must be received by the institution grievance coordinator within 14 calendar days from the date when the grievance or grievance appeal was originally returned to the AIC.

(c) If rewritten, the return receipt and original grievance or grievance appeal must also be attached.

(3) If at any time the institution grievance coordinator determines the AIC has pursued their issue through state or federal courts, the grievance process will be closed and the grievance will be returned to the AIC. The grievance coordinator will retain a copy of the AIC's grievance and document the date and reason for closing the grievance.

(4) An AIC may withdraw a grievance by submitting a written request to the institution grievance coordinator at any time during the grievance process. Grievances that have been withdrawn may only be reopened upon written request, at the discretion of the institution grievance coordinator.

(5) Once an AIC's request for resolution is granted, DOC may, in its sole discretion, discontinue further processing of the grievance and notify the AIC of the conclusion of the administrative review process.

(6) If an AIC has filed a Notice of Tort Claim with the Oregon Department of Administrative Services while an AIC has an active complaint, and the primary remedy sought by the grievance is monetary relief, DOC may, in its sole discretion, discontinue further processing of the grievance and notify the AIC of the conclusion of the administrative review process.

(7) The Assistant Director, or the Assistant Director's designee, who is responsible for providing a response in a final appeal under OAR 291-109-0235, may with the approval of the Inspector General or designee, discontinue further processing of the grievance after the Department's initial review and response to the grievance, or after the Department's review and response to the initial appeal. In such a case, the Department will include in its response to the AIC's initial grievance or initial appeal that the Department's response is final, and that no further response or appeal will be provided.

(8) Once an AIC has released from the custody of the Department of Corrections, any pending grievances or grievance appeals will be completed and held on file, unless other arrangements have been made with the institution grievance coordinator prior to release. No further grievances or appeals will be accepted.

(9) If a grievance or grievance appeal is received by the institution grievance coordinator after the AIC has released from the custody of the Department of Corrections, the complaint no longer complies with this rule and will not be processed.

Or. Admin. Code § 291-109-0225

DOC 16-2019, adopt filed 10/18/2019, effective 10/18/2019; DOC 2-2021, amend filed 02/01/2021, effective 2/1/2021

Statutory/Other Authority: ORS179.040, 179.321, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS179.040, 179.321, 423.020, 423.030 & 423.075