Current through Register Vol. 63, No. 9, September 1, 2024
(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.
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
