Or. Admin. R. 416-020-0040 - Grievance Review Process

(1) If an offender is unable to resolve an issue through informal communication, the offender may seek to resolve the issue by submitting a written grievance using OYA's approved offender grievance form, in accordance with these rules.

(a) OYA must ensure that approved grievance forms are available to offenders. The offender, or representative, may also initiate the request in letter form, if grievance forms are not immediately available to the offender or representative.

(b) If an offender cannot complete the grievance form or a letter due to physical or mental impairments or language barriers, the offender may contact the local grievance coordinator to request accommodation.

(c) The offender, or representative, must include a complete description of the incident, action, or application of the rule being grieved, including date and approximate time.

(d) An offender grievance may request review of only one matter, action, or incident per grievance form or letter.

(e) An offender, or representative, may file a grievance regarding the same issue as a previously filed grievance only if there is another incident and new information is available about the issue.

(2) The offender, or representative, must submit the written grievance to the local grievance coordinator. If the grievance qualifies as an emergency grievance, the offender or representative must submit the grievance to any OYA staff member to initiate an expedited response.

(3) An offender may not write a grievance for another offender unless authorized by the local grievance coordinator. The offender writing the grievance is not the other offender's representative and may only assist in writing the grievance, if authorized. The offender submitting the grievance must sign the grievance form or letter.

(4) An offender may submit only their own signature on grievance forms or grievance appeals.

(5) Within seven days of receiving the request, excluding weekends and public holidays, OYA must contact the offender, or representative, to review the matter.

(6) The results of the review must be provided in writing to the offender, or representative, as soon as practicable after the review and include the steps necessary to initiate a subsequent grievance review if the offender remains dissatisfied.

(7) The offender, or representative, may submit a subsequent written grievance review request to the appropriate facility superintendent, camp director, or field supervisor within 10 calendar days of receiving the initial written grievance response if the offender is not satisfied with the resolution. The topic of the subsequent grievance review request must be the same as the initial grievance.

(8) OYA must review and respond to the subsequent grievance request within 30 calendar days of receiving the request. If additional time is needed to process the subsequent grievance request, OYA will notify the offender or representative and specify the number of additional days within which OYA will respond to the request.

(a) Only information directly related to issue(s) of the initial grievance will be considered.

(b) OYA must prepare a written decision to resolve the subsequent grievance. The decision will include instructions to the offender, or representative, for filing an appeal to the OYA director if the offender is dissatisfied with the resolution.

(c) A copy of the decision must be sent to the offender, or representative, as soon as practicable following its completion.

(9) After an offender has been terminated from OYA's legal or physical custody, the offender's pending grievances or grievance appeals must be completed and held on file, unless other arrangements have been made with the local grievance coordinator prior to OYA's custody termination.

(10) Grievances or grievance appeals received by OYA after an offender has been discharged from, or is otherwise no longer in, OYA's legal or physical custody will not be processed.

Notes

Or. Admin. R. 416-020-0040

OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 3-2003, f. & cert. ef. 8-20-03; OYA 2-2020, amend filed 01/29/2020, effective 1/30/2020

Statutory/Other Authority: ORS 420A.025

Statutes/Other Implemented: ORS 420A.010, 420A.014, 420A.015 & 420A.108