Or. Admin. Code § 291-172-0130

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

Section 291-172-0130 - Program Availability, Program Eligibility, Participation Standards, Program Dismissal, and Reapplication

(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.

Or. Admin. Code § 291-172-0130

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