Or. Admin. Code § 291-109-0230

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

Section 291-109-0230 - Initial Appeals

(1) An AIC may appeal the initial grievance response using the grievance appeal form.

(a) The appeal must include the original grievance, attachments, and staff response(s).

(b) The appeal must comply with the timeframes set forth in OAR 291-109-0205.

(c) The scope of the original grievance cannot be expanded on appeal.

(d) No new information may be submitted with the appeal unless the information was unavailable to the AIC at the time the original grievance was filed or if the initial grievance response noted that the information was missing and the submitted information is directly related to the alleged issue or incident being grieved.

(e) After the appeal has been date stamped and recorded, the AIC will be issued a return receipt. If accepted, the grievance appeal will be forwarded to the functional unit manager or designee for review and response.

(f) If a grievance appeal is returned to the AIC because it does not comply with these rules, the AIC may elect to resubmit the grievance appeal to the institution grievance coordinator. In order to be accepted, the grievance appeal must be received by the institution grievance coordinator within 14 calendar days from the date it was sent back to the AIC for correction and have the required corrections to bring the document into compliance with this rule. The returned receipt must accompany the resubmission. If rewritten, the original grievance appeal and complete packet must also be attached. Multiple resubmissions may not exceed the initial 14 day timeline.

(g) A denied initial grievance or appeal cannot be appealed.

(h) The functional unit manager or designee shall respond to the AIC's grievance appeal within the timeframes set forth in OAR 291-109-0205.

(2) 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.

Or. Admin. Code § 291-109-0230

DOC 16-2019, adopt filed 10/18/2019, effective 10/18/2019

Statutory/Other Authority: ors 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ors 179.040, 179.321, 179.360, 423.020, 423.030 & 423.075