The Oregon Administrative Rules contain OARs filed through November 15, 2015
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OREGON YOUTH AUTHORITY
DIVISION 20
OFFENDER GRIEVANCE PROCESS
416-020-0000
Purpose
(1) These rules describe the procedure the OYA will use to ensure timely and equitable processing of grievances brought by offenders, or their representatives.
(2) These rules apply to all offenders who are committed to OYA legal or physical custody, and placed in OYA facilities or under OYA supervision on parole/probation status in the community.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.010, ORS 420A.014, ORS 420A.015, ORS 20A.108
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 3-2003, f. & cert. ef. 8-20-03
416-020-0010
Definitions
(1) "Emergency" means any condition or situation where life, health, or safety may be threatened or where time frame considerations necessitate an immediate response or remedial action.
(2) "Grievance" means a complaint about the substance or application of any written or unwritten rule, policy or practice affecting an offender; or any decision or action directed toward an offender by the OYA, its employees, or agents, including but not limited to matters of confinement, discipline, treatment, education, and privileges. A grievance can be "informal" or "formal," as described in these rules.
(3) "Representative" means a person who is authorized by an offender to receive confidential information from the OYA and to act on behalf of the offender with respect to a grievance. A representative includes, but is not limited to an attorney, relative, friend or legal guardian, but does not mean another offender.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 419C, ORS 420, ORS 420A
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 3-2003, f. & cert. ef. 8-20-03
416-020-0020
Grievance Rights
(1) No grievance may be reviewed or resolved through these procedures if:
(a) The person bringing the grievance is entitled to a contested case hearing, per ORS chapter 183;
(b) The person has initiated court action or filed notice of intent to file tort claim; or
(c) The subject matter of the grievance should be or has already been decided by a judge.
(2) All offenders have a right to review any action or decision affecting them, and/or initiate an informal or formal grievance, without being subjected to reprisal, including offenders placed in OYA facilities, substitute care placements, or at-home placements.
(3) The grievance process will be administered in a manner that protects the confidentiality of records and information, as applicable to federal and state law or policies.
(a) If the offender, or representative, chooses to disclose the offender version of case information to persons or organizations that would not otherwise be involved, then the OYA may choose to use parts of the case record that are not third-party information to refute the offender's statement(s).
(b) Third-party information can be used only when the offender has signed a release of information, and approval has been given by the party from whom the confidential information was received.
(4) The OYA will inform offenders at intake about the grievance process.
(5) The grievance process is designed to be conducted as informally as possible, consistent with the need for orderly and complete presentation and resolution of issues.
(a) Staff and offenders are encouraged to handle questions and complaints at the lowest level possible.
(b) If a grievance is written about an emergency situation, the offender may write immediately to the appropriate Superintendent/Camp Director or Parole/Probation Supervisor, or the Director's Office.
(c) Staff who are the subject of a grievance will not sit on any committee responsible for making decisions regarding the grievance, but may be present and testify regarding the issues.
(d) The offender, or representative, may present testimony or documentary evidence on his/her behalf at any meetings to discuss the grievance, and may call witnesses for this purpose. If the offender, or representative, chooses to use an attorney, he/she is responsible for any expenses or attorney fees that may be incurred in the presentation of the case.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.010, ORS 420A.014, ORS 420A.015, ORS 420A.108
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 3-2003, f. & cert. ef. 8-20-03
416-020-0030
Informal Process
(1) To request an informal grievance, the offender, or representative, will inform an OYA staff that he/she wishes to informally grieve a particular action.
(2) Within seven working days of receiving the request, the OYA will contact the offender, or representative, to schedule a meeting designed to define the problem, identify the desired outcome, and establish a plan for resolution.
(3) The results of the meeting will be provided in writing to the offender, or representative, and include the steps necessary to initiate a formal grievance review if the offender remains dissatisfied.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.010, ORS 420A.014, ORS 420A.015, ORS 420A.108
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 3-2003, f. & cert. ef. 8-20-03
416-020-0040
Formal Process
(1)(a) The offender, or representative, will inform the OYA in writing that he/she wishes to initiate a formal grievance.
(b) The OYA will ensure that any agency forms designed to facilitate the formal grievance process are available to offenders. The offender, or representative, may also initiate the request in letter form.
(2) Within 10 calendar days of receiving the request, the OYA will contact the offender, or representative, to schedule a review of the matter.
(3) The review will be held within 30 calendar days of the request, unless a delay is mutually agreed to by the offender, or representative, and the OYA. All involved parties will be notified in writing of the date and time for the review.
(a) The review will be held at the OYA office or facility closest to the offender's placement and during normal working hours, unless a different time or location is requested by the offender, or representative, and prior authorized by the OYA.
(b) The review will be recorded, and the recording preserved until the grievance is resolved or for two years, whichever is longer.
(c) Only information directly related to issue(s) of the grievance will be considered.
(d) Copies of documents relied upon will be provided to the offender, or representative, and the OYA. If information contained within those documents is confidential, as defined by federal or state laws or policies, it will be redacted and the non-confidential portions will be provided.
(4) Within 10 working days of completing the review, the OYA will prepare a written decision. The decision will include directions to the offender, or representative, for filing an appeal to the Director.
(5) A copy of the decision will be sent to the offender, or representative, as soon as practical following its completion.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.010, 420A.014, 420A.015 & 420A.108
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 3-2003, f. & cert. ef. 8-20-03
416-020-0050
Appeal to the Director
(1) If the offender, or representative, is dissatisfied with the decision of the formal grievance review, he/she may request an appeal to the OYA Director, or designee.
(a) A request for appeal must be submitted within 10 calendar days from the date the offender, or representative, receives the written decision.
(b) If a request for an appeal is not received within a 15-day period, the offender's right to an appeal will be considered waived, unless the offender can show that the failure to timely request a review was beyond his/her reasonable control.
(2) Within 10 working days of receiving the request for appeal, the OYA Director, or designee, will send written acknowledgment to the offender, or representative, that the request is being processed.
(3) The Director, or designee, will review the record of the formal review process and may take other action to investigate the matter as the Director deems appropriate.
(4) Within 30 calendar days of receiving the request, the Director, or designee, will provide a written report of the appeal decision. Copies of the decision will be sent to the offender, or representative, via US postal service or other certified mail carrier.
(5) The decision of the Director is final. However, nothing in these rules affects any rights an offender has under federal or state law to seek independent redress of grievances in the courts.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 420A.010, ORS 420A.014, ORS 420A.015, ORS 420A.108
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 3-2003, f. & cert. ef. 8-20-03
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