Or. Admin. Code § 291-171-0030 - Processing Offender Grievances

(1) Upon receiving an offender grievance, the grievance coordinator will assign the grievance a number, date stamp, and record its receipt in an offender grievance log.

(a) After the offender grievance has been logged, the grievance coordinator will send a grievance receipt to the offender.

(b) The grievance coordinator will coordinate with the appropriate staff or, if deemed more suitable, the appropriate manager by sending the grievance and a grievance response form (CD 117b CC) to the staff or manager respondent for reply.

(c) The respondent will complete the form and submit it to his/her manager for review and signature. The response shall be returned to the grievance coordinator for processing within 21 calendar days.

(2) After recording receipt of the receipt, the grievance coordinator will send the offender grievance and employee's, contractor's, or volunteer's response to the offender and retain copies for the file.

(a) The grievance coordinator will complete processing of the grievance within 45 days from the date the grievance was received from the offender, unless further investigation is necessary.

(b) If the grievance is not processed within this timeframe, the grievance coordinator will make an effort to notify the offender of the status of the grievance. If the offender does not receive a response within the allotted time frame, he/she may contact the grievance coordinator.

(3) Grievance responses may be consolidated.

(4) If at any time the grievance coordinator determines the offender has pursued his/her issue through state or federal courts, or has filed a notice of tort claim, the grievance process will cease and the grievance will be returned to the offender. The grievance coordinator will retain a copy of the offender's grievance and document the date and reason for return of the grievance.

(5) A grievance that has been returned to the offender by the grievance coordinator for procedural reasons cannot be appealed. If a grievance is returned to the offender because it does not comply with these rules, the offender may elect to resubmit the grievance to the grievance coordinator within 14 calendar days from the date the grievance was sent back to the offender if the procedural errors can be corrected.

(6) Once an offender is no longer under the supervision of the Department of Corrections, any pending grievances or pending appeal responses will be completed and held on file unless other arrangements have been made with the grievance coordinator. No further appeals will be accepted for processing once the offender is no longer under the supervision of the Department of Corrections.

Notes

Or. Admin. Code § 291-171-0030

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