Oregon Administrative Rules
Chapter 291 - DEPARTMENT OF CORRECTIONS
Division 171 - GRIEVANCE REVIEW SYSTEM (COMMUNITY CORRECTIONS)
Section 291-171-0035 - Grievance Appeals
Universal Citation: OR Admin Rules 291-171-0035
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Appeals of the Initial Grievance (First Appeal Process):
(a) An offender may appeal the initial
grievance response using the Grievance Appeal form (CD 117c CC). The appeal
must be submitted to the grievance coordinator together with the original
grievance, attachments and staff response(s).
(A) The scope of the original grievance
cannot be expanded. No additional information may be submitted unless the
information was unavailable to the offender at the time the original grievance
was filed and the information is directly related to the alleged issue being
grieved.
(B) After the appeal has
been date stamped and logged, the offender will be issued a return receipt, and
the grievance appeal will be forwarded to the Local State Director having
authority to review and resolve the issue.
(b) Appeal Timelines: The grievance
coordinator must receive an appeal within 14 calendar days from the date that
the grievance response was delivered to the offender from the grievance
coordinator.
(c) A grievance appeal
that has been returned to the offender by the grievance coordinator for
procedural reasons cannot be appealed. If a grievance appeal is returned to the
offender because it does not comply with these rules, the offender may elect to
resubmit the grievance appeal to the grievance coordinator within 14 calendar
days from the date the grievance appeal was sent back to the offender if the
procedural error can be corrected.
(d) The Local State Director shall respond to
the offender's grievance appeal within 30 calendar days from the date the
appeal was received by the Local State Director. The Local State Director will
return the grievance appeal and the response back to the grievance coordinator.
(2) Appeal of the Local State Director Decision (FINAL Appeal Process):
(a) An offender may appeal the Local State
Director's decision using the Grievance Appeal form (CD 117c CC). The appeal
must be submitted to the grievance coordinator together with the original
grievance, attachments, staff responses and documentation related to the first
grievance appeal.
(A) The scope of the
original grievance cannot be expanded. No additional information may be
submitted unless the information was unavailable to the offender at the time
the original grievance or first-level appeal was filed and the information is
directly related to the alleged issue being grieved.
(B) After the appeal has been date stamped
and logged, the offender will be issued a return receipt. The grievance appeal
will be forwarded to the Assistant Director of Community Corrections to review
and resolve the issue.
(b) The Assistant Director of Community
Corrections or designee shall review the final grievance appeal. If is
determined additional facts should have been gathered or additional witnesses
interviewed, the grievance appeal will be referred back to the functional unit
grievance coordinator. Upon completion of the investigation, the Assistant
Director of Community Corrections or designee shall complete the review.
(c) Final Appeal Timelines: The
grievance coordinator must receive the final appeal within 14 calendar days
from the date that the first grievance appeal response was sent to the offender
from the grievance coordinator.
(A) An
offender may file a grievance appeal past the 14 day timeline if the offender
can demonstrate why the grievance appeal could not be filed within the
timelines established by rule.
(B)
Untimely grievances that fail to make that showing shall be returned to the
offender with a statement of the rule.
(d) A grievance appeal that has been returned
to the offender by the grievance coordinator for procedural reasons cannot be
appealed. If a grievance appeal is returned to the offender because it does not
comply with these rules, the offender may elect to resubmit the grievance
appeal to the grievance coordinator within 14 calendar days from the date the
grievance appeal was sent back to the offender if the procedural errors can be
corrected.
(e) The Assistant
Director or designee shall respond to the offender's grievance appeal within 30
calendar days from the date the appeal was received by the Assistant Director.
(f) The Assistant Director's or
designee's decision on an offender's grievance appeal is final, and is not
subject to further review.
Statutory/Other Authority: ORS 179.040, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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