Or. Admin. Code § 291-172-0110

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

Section 291-172-0110 - Definitions

(1) Adult in Custody (AIC): Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status.

(2) Approved vendor: A vendor approved by a Department of Corrections participating facility to send raw materials, supplies, or tools to an AIC who is participating in a LEAP program.

(3) Bench fee: A program fee charged to an AIC LEAP participant to have access to and use a bench and associated workspace, and which is used to cover part of the cost associated with operating a LEAP program. Bench fees shall be collected monthly through the submission of a request for withdrawal of funds and deposited in an appropriate administration trust account within Central Trust.

(4) Business transaction: A transaction involving the purchase, sale, or delivery of merchandise, commodities, or services.

(5) Consignment: A business transaction in which a seller sends goods to a buyer or reseller who pays the seller only when the goods are sold.

(6) Customer: Any person or organization soliciting an arrangement of services or goods that may be provided through a work program, LEAP program, or work-based education program. Examples include, but are not limited to, DOC staff, the public, other agencies, internal DOC units, and outside entities.

(7) Department of Corrections facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections.

(8) E-commerce portal: A DOC-approved internet website that allows for the purchase of products created by an AIC LEAP participant or DOC created goods.

(9) Expense: Something spent, frequently money, to secure a benefit or bring about a result.

(10) Functional unit: Any organizational component within the Department of Corrections responsible for the delivery of services or coordination of programs.

(11) Functional Unit Manager (FUM): Any person within the Department of Corrections who reports to either the Director, Deputy Director, an Assistant Director, or an Administrator and has responsibility for the delivery of program services or coordination of program operations.

(12) Handiwork (products): Craftwork or items that are made from raw materials purchased by the AIC LEAP participant in an approved LEAP program.

(13) Learning Entrepreneurship, Arts and Production (LEAP): A program in which an AIC LEAP participant is authorized to operate a sole proprietorship for the purpose of creating products by hand using their own resources, artistic talents, and skills, and selling those products to customers within Oregon, and depositing net profit from those sales into the participant's trust account in accordance with DOC rule 291-158 Trust Accounts (AIC).

(14) LEAP participation agreement: An agreement that outlines responsibilities between DOC and a LEAP AIC LEAP program participant.

(15) LEAP program supervisor: DOC manager responsible for the overall operation of a LEAP program.

(16) Market-based pricing: A price established for a product created in the LEAP program that is based on: the actual cost of materials used to create the product; the estimated or actual labor cost to create the product (determined by multiplying the estimated or actual number of hours by the state minimum wage rate); other overhead incurred to create the product; and any additional markup so as to not be sold below market value.

(17) Net profit: Revenue(s) minus transactional expense(s) and fee(s), including but not limited to credit card merchant fees.

(18) Non-employee service provider (NSP): An individual who provides services or programs to the department or to adults in custody or adults on supervision, but not as a paid employee of the department. Examples of non-employee service providers include contractors, volunteers, mentors, criminal justice partners, and government agency partners.

(19) Non-programming time: Time outside of qualified work or educational programming.

(20) Participating facility: Prison facilities approved by the Assistant Director of Operations and the Chief Financial Officer to participate in the LEAP program.

(21) Program fee: Any fee that is charged to an AIC LEAP participant that is related to participation in a LEAP program. These fees are to assist with offsetting costs incurred by DOC to operate a LEAP program within a Department of Corrections facility and to provide the adults in custody with an opportunity to pay business expenses normally associated with operating a business that they would have to pay for directly if their business was not inside a Department of Corrections Facility. Program fees may include, but are not limited to, bench fees, and any additional or miscellaneous fees for expenses an AIC may incur during the creation, marketing, or sale of products.

(22) Revenue: Money generated from the sale of goods or services.

Or. Admin. Code § 291-172-0110

DOC 3-2023, adopt filed 01/20/2023, effective 1/20/2023

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