Or. Admin. Code § 291-109-0225

Current through Register Vol. 64, No. 1, January 1, 2025

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

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

(2) Grievances and Grievance Appeals Returned for Correction:

(a) An adult in custody may elect to resubmit a grievance or grievance appeal that has been returned to the adult in custody for correction because the grievance or grievance appeal 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 adult in custody.

(c) If corrected and resubmitted by the adult in custody, the return receipt and original grievance or grievance appeal must also be attached.

(3) If at any time the institution grievance coordinator determines the adult in custody has pursued or is pursuing the claim through pending litigation in state or federal courts, the grievance process will cease and the grievance or grievance appeal will be closed and returned to the adult in custody. The institution grievance coordinator will retain a copy of the adult in custody's grievance or grievance appeal and document the date and reason for closure of the grievance.

(4) An adult in custody may withdraw an accepted grievance or grievance appeal by submitting a written request to the institution grievance coordinator at any time during the grievance process. Grievances or grievance appeals that have been withdrawn may only be reopened upon written request within 14 calendar days from when the adult in custody requested to withdraw the grievance or grievance appeal.

(5) A denied grievance or grievance appeal cannot be appealed.

(6) Once an adult in custody's request for resolution is granted, the department may, in its sole discretion, upon approval of the Inspector General or designee, discontinue further processing of the grievance or grievance appeal and notify the adult in custody of the conclusion of the administrative review process.

(7) If an adult in custody has filed a Notice of Tort Claim with the Oregon Department of Administrative Services while the adult in custody has an active grievance or grievance appeal on the same incident or issue, and the primary remedy sought is monetary relief, the department may, in its sole discretion, upon approval of the Inspector General or designee, discontinue further processing and notify the adult in custody of the conclusion of the administrative review process.

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

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

(10) If a grievance or grievance appeal is received by the institution grievance coordinator after the adult in custody has released from the custody of the Department of Corrections, the grievance or grievance appeal no longer complies with these rules and will be denied.

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; DOC 29-2024, amend filed 12/30/2024, effective 1/1/2025

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

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