Or. Admin. Code § 291-109-0240

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

Section 291-109-0240 - [Effective 1/27/2025] Improper Use of Grievance Review System

(1) An adult in custody improperly uses the grievance system when they:

(a) Include language that is identified as posing a criminal threat;

(b) Repeatedly submit grievances, discrimination complaints, or appeals of either, that do not comply with the requirements set forth in these rules, including, but not limited to, multiple resubmissions of the same grievance or grievance appeal, multiple untimely grievances, and multiple resubmissions of uncorrected grievances; or

(c) Submit grievances, discrimination complaints, or appeals of either, in excess of the allowed limitations set forth in OAR 291-109-0215.

(2) Administrative Action for Improper Use of the Grievance Review System:

(a) If an adult in custody demonstrates a pattern of improper use of the grievance review system, the functional unit manager or designee will notify the adult in custody in writing that their actions are not in compliance with the department's rules on Grievance Review System (OAR 291-109) or Discrimination Complaint Review System (OAR 291-006). From the date of the notice, the adult in custody will have 35 calendar days to bring their grievance submissions into compliance with the rules or the adult in custody will be subject to restriction of their access to the grievance review and discrimination complaint review systems as specified in this rule.

(b) Adults in custody who continue to improperly use the grievance review system will be notified by the Inspector General or designee, in writing, that such actions are creating an administrative burden at the expense of legitimate complaints. From the date of this notification, due to their continued improper use of the grievance review or discrimination complaint review systems, the adult in custody will be limited to submitting no more than two active grievances or discrimination complaints at a time, excluding emergency grievances. Any grievances or discrimination complaints submitted that are not in compliance with this restriction will not be processed.

(c) Once the adult in custody has demonstrated compliance for 35 calendar days, the adult in custody may request removal of the administrative restriction by writing to the institution grievance coordinator who will forward the request to the Adult in Custody Complaint Review Committee (AICCRC) for review.

(d) An adult in custody's request for removal of the administrative restriction will be responded to by the Inspector General or designee upon review of the adult in custody's request and the recommendation of the Adult in Custody Complaint Review Committee (AICCRC) within 70 calendar days from the date the request was received. The administrative restriction will remain in effect until such time it is reviewed and removed by the Inspector General or designee.

(e) Administrative restrictions are not subject to review through the grievance review or discrimination complaint review systems.

(f) Records of active and inactive notifications of improper use of the grievance review system will be maintained by the institution grievance coordinator or institution discrimination complaint coordinator and will be enforced throughout the department, regardless of the adult in custody's facility.

Or. Admin. Code § 291-109-0240

DOC 16-2019, adopt filed 10/18/2019, effective 10/18/2019; DOC 15-2024, temporary amend filed 07/18/2024, effective 8/1/2024 through 1/27/2025; DOC 29-2024, amend filed 12/30/2024, effective 1/1/2025

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