Or. Admin. Code § 291-109-0235

Current through Register Vol. 63, No. 10, October 1, 2024

Section 291-109-0235 - Final Appeals

(1) An AIC may appeal the functional unit manager's or designee's response using the grievance appeal form.

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

(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 or initial appeal 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 appeal will be forwarded to the Assistant Director or designee having authority to review and resolve the issue.

(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 Assistant Director or designee shall respond to the AIC's grievance appeal within the timeframes set forth in OAR 291-109-0205.

(i) The Assistant Director's or designee's decision on an AIC's grievance appeal is final, and is not subject to further review.

(2) If an AIC has filed a Notice of Tort Claim with the Oregon Department of Administrative Services while an AIC has an grievance appeal, and the primary remedy sought by the grievance is monetary relief, then 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 § 291-109-0235

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

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

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