Or. Admin. Code § 291-006-0065

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

Section 291-006-0065 - Discrimination Complaint and Appeal General Processing Standards

(1) The discrimination complaint coordinator shall date stamp the discrimination complaint or complaint appeal form upon receipt. After the form has been date-stamped and recorded, the AIC will be issued a return receipt, and if accepted, the coordinator will direct that an investigation occur.

(2) Discrimination complaint and discrimination complaint appeals returned for correction:

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

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

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

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 Discrimination complaints that have been withdrawn may only be reopened upon written request, at the discretion of the institution discrimination complaint coordinator.

(4) A denied discrimination complaint is not subject to further review or appeal.

(5) If at any time the discrimination complaint coordinator determines that the AIC is pursuing the complaint or issue in pending litigation in state or federal courts, the discrimination complaint process will cease and the complaint will be returned to the AIC. The discrimination complaint coordinator will retain a copy of the AIC's discrimination complaint and document the date and reason for return of the complaint.

(6) Once an AIC's request for resolution is granted, then the department may, in its sole discretion, discontinue further processing of the discrimination complaint and notify the AIC of the conclusion of the administrative review process.

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

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

(9) If a discrimination complaint or discrimination complaint appeal is received by the institution discrimination complaint 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 further processed.

Or. Admin. Code § 291-006-0065

DOC 15-2019, adopt filed 10/18/2019, effective 10/18/2019

Statutory/Other Authority: ORS 179.040, 179.321, 423.030, 423.020 & 423.075

Statutes/Other Implemented: ORS 179.040, 179.321, 423.030, 423.020 & 423.075