Oregon Administrative Rules
Chapter 291 - DEPARTMENT OF CORRECTIONS
Division 172 - LEAP - LEARNING ENTREPRENEURSHIP, ARTS AND PRODUCTION
Section 291-172-0130 - Program Availability, Program Eligibility, Participation Standards, Program Dismissal, and Reapplication
Universal Citation: OR Admin Rules 291-172-0130
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Program Availability. At the discretion of each facility, an AIC at a participating facility who wishes to participate in a LEAP program shall apply for admission by submitting a written communication to the FUM or designee.
(2) Program Eligibility. In order to participate in a LEAP program, an AIC must meet the following criteria:
(a) Achieve non-cash incentive Level III as
described in DOC rule OAR 291-077 Performance Recognition and Award
System.
(b) Show sufficient
resources are available to pay the program fee and procure needed tools and
materials.
(c) Demonstrate behavior
that is not a threat to others or to the safe, secure, and orderly operation of
the facility. All behavior contradicting DOC established standards may lead to
denied participation in a LEAP program.
(d) Sign a LEAP Program Participation
Agreement that lists the guidelines of participating in a LEAP program. The
signed agreement will be kept on file by the LEAP program supervisor.
(e) Other criteria the FUM may develop to
manage LEAP program availability specific to the participating facility are,
facility space limitation, and safety and security of the facility, as
stipulated in the LEAP program participation agreement.
(3) Participation Standards
(a) Conduct and appearance: Rule violations
while participating in a LEAP program can lead to program termination.
Participants will abide by the rules for adults in custody regarding conduct
and appearance, including OAR 291-105 Prohibited Conduct and Processing
Disciplinary Actions and OAR 291-123 Hygiene, Grooming, And Sanitation
(AIC).
(b) Business
Responsibilities:
(A) AIC LEAP participants
may operate as a sole proprietorship. AIC LEAP participants who use an assumed
business name must register and maintain the registration of that assumed
business name with the Oregon Secretary of State Corporations Division. AIC
LEAP participants may not establish corporate business entities (e.g., profit
or not-for-profit corporations, limited liability companies, limited
partnerships, and limited liability partnerships).
(B) AIC LEAP participants are responsible for
understanding and upholding all standards and expectations of applicable
federal, state, and local laws regulating the AIC's business or handicraft
activities, including proper bookkeeping, tax payments, or other obligations.
Failure to comply with those standards and expectations may result in removal
from the LEAP program.
(C) An AIC
LEAP participant may not use DOC staff or non-employee service providers as
agents.
(D) An AIC LEAP participant
or agent shall not represent that they act on behalf of or are affiliated with
DOC.
(4) Program Dismissal
(a) Lack of attendance,
participation, or failure to abide by the LEAP program participation agreement
may lead to removal from the program.
(b) An AIC LEAP participant who is no longer
producing approved handiworks or benefiting from the program may be removed at
the discretion of the functional unit manager or designee.
(c) An AIC LEAP participant may be removed
from the LEAP program for violating rules of conduct per OAR 291-105 Prohibited
Conduct and Processing Disciplinary Actions, violating LEAP program standards,
or failing to comply with applicable federal, state, or local laws regulating
the AIC LEAP participant's business or LEAP activities.
(d) If an AIC LEAP participant becomes a
threat to the safety, security, or orderly operation of the facility, the AIC
will be removed from participation in the LEAP program. An AIC LEAP participant
who is removed from a LEAP program because they have been deemed a threat to
the safety, security, or orderly operation of the facility may be permanently
removed at the discretion of the FUM.
(e) When an AIC LEAP participant is no longer
eligible for, leaves, or is removed from the program, the AIC has a period of
90 days to arrange for the removal of handicraft personal property from the
institution. Ninety days after an AIC is no longer in the LEAP program, any
remaining handicraft property will be disposed of or removed in accordance with
the DOC rule Personal Property (AIC) OAR 291-117.
(f) An AIC LEAP participant may be suspended
or terminated from the LEAP program if the department receives notice of a
claim of intellectual property right infringement against the AIC LEAP
participant.
(g) In the event an
AIC LEAP participant is found to have conducted unauthorized sales, the AIC
LEAP participant may be permanently prohibited from participation in LEAP
Programs.
(5) Reapplication. Unless otherwise prohibited, an AIC may reapply to a LEAP Program six months after removal, discontinuing, or leaving a LEAP program, in accordance with eligibility and admission criteria established in sections (1) and (2) above. Exceptions may be allowed and approved by the FUM.
Statutory/Other Authority: ORS 179.040, 421.142, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.142, 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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