Or. Admin. Code § 291-006-0065

Current through Register Vol. 64, No. 1, January 1, 2025

Section 291-006-0065 - Discrimination Complaint and Discrimination Complaint Appeal General Processing Standards

(1) The institution discrimination complaint coordinator shall date stamp the discrimination complaint or discrimination complaint appeal form upon receipt. After the discrimination complaint or discrimination complaint appeal form has been date stamped and recorded, the adult in custody will be issued a return receipt, and if accepted, the institution discrimination complaint coordinator will assign the discrimination complaint or discrimination complaint appeal for administrative review.

(2) Discrimination Complaint and Discrimination Complaint Appeals Returned for Correction:

(a) An adult in custody may elect to resubmit a discrimination complaint or discrimination complaint appeal that has been returned to the adult in custody for correction because the discrimination complaint or discrimination complaint appeal does not comply with these rules.

(b) The discrimination complaint or discrimination complaint appeal may only be resubmitted twice and must be received by the institution discrimination complaint coordinator within 14 calendar days from the date when the discrimination complaint or discrimination complaint appeal was originally returned to the adult in custody.

(c) If corrected and resubmitted by the adult in custody, the return receipt and original discrimination complaint or discrimination complaint appeal must also be attached.

(3) If at any time the institution discrimination complaint coordinator determines the adult in custody has pursued or is pursuing the claim through pending litigation in state or federal courts, the discrimination complaint process will cease, and the discrimination complaint or discrimination complaint appeal will be closed and returned to the adult in custody. The institution discrimination complaint coordinator will retain a copy of the adult in custody's discrimination complaint or discrimination complaint appeal and document the date and reason for closure of the complaint.

(4) An adult in custody may withdraw an accepted discrimination complaint or discrimination complaint appeal by submitting a written request to the institution discrimination complaint coordinator at any time during the discrimination complaint process. Discrimination complaints or discrimination complaint appeals that have been withdrawn may only be reopened upon written request within 14 calendar days from when the adult in custody requested to withdraw the discrimination complaint or discrimination complaint appeal.

(5) A denied discrimination complaint or discrimination complaint appeal is not subject to further review or appeal.

(6) Once an adult in custody's request for resolution is granted, the department may, in its sole discretion, upon approval of the Inspector General or designee, discontinue further processing of the discrimination complaint or discrimination complaint appeal and notify the adult in custody of the conclusion of the administrative review process.

(7) If an adult in custody has filed a Notice of Tort Claim with the Oregon Department of Administrative Services while the adult in custody has an active discrimination complaint or discrimination complaint appeal on the same incident or issue, and the primary remedy sought is monetary relief, the department may, in its sole discretion, upon approval of the Inspector General or designee, discontinue further processing and notify the adult in custody of the conclusion of the administrative review process.

(8) Once an adult in custody has released from the custody of the Department of Corrections, any active discrimination complaints or discrimination complaint appeals will be responded to and held on file unless other arrangements have been made with the institution discrimination complaint coordinator prior to release. No further discrimination complaints or discrimination complaint appeals will be accepted.

(9) If a discrimination complaint or discrimination complaint appeal is received by the institution discrimination complaint coordinator after the adult in custody has released from the custody of the Department of Corrections, the discrimination complaint or discrimination complaint appeal no longer complies with these rules and will be denied.

Or. Admin. Code § 291-006-0065

DOC 15-2019, adopt filed 10/18/2019, effective 10/18/2019; DOC 28-2024, amend filed 12/30/2024, effective 1/1/2025

Statutory/Other Authority: ORS 179.040, 179.321, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 179.040, 179.321, 423.020, 423.030 & 423.075