Or. Admin. Code § 291-171-0035

Current through Register Vol. 63, No. 12, December 1, 2024

Section 291-171-0035 - Grievance Appeals

(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.

Or. Admin. Code § 291-171-0035

DOC 21-2018, adopt filed 08/10/2018, effective 8/10/2018

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

Statutes/Other Implemented: ORS 179.040, 423.020, 423.030 & 423.075