Oregon Administrative Code

291-105-0064 Postponements and Continuances of Hearings (1) A hearing may be postponed or continued by the Hearings Officer or the adjudicator for a reasonable period of time for good cause. (2) "Good cause" includes, but is not limited to: (a) Preparation of defense; or (b) Illn…

291-105-0066 Principles of Application of Disciplinary Sanctions (1) A single act of misconduct may violate more than one misconduct rule. (2) Loss of Privilege: If the AIC’s misconduct involves the abuse or misuse of a specific privilege (for example: recreation yard, canteen, e…

291-105-0069 Additional Sanctions for Major Violations The additional sanctions available to the Hearings Officer for major violations include, but are not limited to: (1) Restitution: AICs shall be responsible for making full restitution for any damage or loss of property. In ad…

291-105-0071 Additional Sanctions for Minor Violations The additional sanctions available to the Hearings Officer or adjudicator for minor violations include, but are not limited to: (1) Restitution: AICs shall be responsible for making full restitution for any damage or loss of …

291-105-0072 Deviation Sanctions for Major Violations (1) Once the level of discipline has been determined according to the disciplinary grid, the Hearings Officer or functional unit manager or designee may deviate, either upward or downward, on major violations in formal hearing…

291-105-0081 Adjustments to Final Orders (1) Adjustments to Final Orders shall be initiated by an employee and documented using the Adjustment to Final Order form. Adjustments to Final Orders must pertain to a specific disciplinary case. (2) In recommending adjustments to Final O…

291-105-0085 Administrative Review (1) An AIC may direct concerns or issues regarding a hearing to the functional unit manager or designee as soon as possible after the conclusion of the hearing. Upon receipt of the Preliminary Order, the functional unit manager or designee will:…

291-105-0100 Vacating or Withdrawing the Final Order in the Interest of Justice The Inspector General, Assistant Director for Operations, or their designees may, in the interest of justice, vacate all or part of a final disciplinary order or withdraw the order and direct that a d…

291-107-0005 Authority, Purpose and Policy (1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075. (2) Purpose: The purpose of this rule is to set guidelines to govern th…

291-107-0010 Definitions (1) Department of Corrections Facility: An institution or its satellite, release center, or office, including the grounds, operated by the Department of Corrections. (2) Functional Unit: Any organizational component within the Department of Corrections re…

291-107-0015 Procedures (1) Those inmates who have not been able to resolve problems through other available channels (i.e., the Inspector General, Department of Corrections staff, or grievance procedure), may request approval to circulate a petition. Petitions may be circulated …

291-109-0100 Authority, Purpose, and Policy (1) Authority: The authority for these rules is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075. (2) Purpose: The purpose of these rules is to establish department p…

291-109-0110 Definitions (1) Active Complaint: A grievance, discrimination complaint, or appeal of either, that is awaiting a response or is within the available timelines for appeal or return for correction. (2) Adult in Custody (AIC): For the purposes of these rules, a person i…

291-109-0205 Grievance and Grievance Appeal Timelines (1) Grievances must be received by the institution grievance coordinator within 14 calendar days from the date of the incident or issue being grieved unless the adult in custody can satisfactorily demonstrate why the grievance…

291-109-0210 Permissible Grievance Issues (1) An adult in custody may only request review of one issue, action, or incident per grievance. (a) If multiple employees or functional units are involved in a single incident or issue, each should be included in a single grievance and o…

291-109-0215 Grievance and Grievance Appeal Submission Limits (1) An adult in custody shall not have more than four active complaints (grievances, discrimination complaints, or appeals of either) at any time. Any grievance or grievance appeal submitted exceeding that limit will b…

291-109-0220 Grievance and Grievance Appeal Submission Requirements (1) An adult in custody who is unable to resolve a dispute with an employee, contractor, or volunteer of the Department of Corrections or Oregon Corrections Enterprises through informal communication, may seek re…

291-109-0225 Grievance and Grievance Appeals General Processing Standards (1) The institution grievance coordinator shall date stamp the grievance or grievance appeal form upon receipt. After the grievance or grievance appeal form has been date stamped and recorded, the adult in …

291-109-0230 Initial Grievance Appeals (1) An adult in custody may appeal the initial grievance response using the grievance appeal form. (a) The initial grievance appeal must include the original grievance, attachments, and employee response(s). (b) The initial grievance appeal …

291-109-0235 Final Grievance Appeals (1) An adult in custody may appeal a functional unit manager’s or designee’s response to an initial grievance appeal using the grievance appeal form: (a) The final grievance appeal must include the original grievance, initial grievance appeal,…

291-109-0240 Improper Use of Grievance Review System (1) An adult in custody improperly uses the grievance system when they: (a) Include language that is identified as posing a criminal threat; (b) Repeatedly submit grievances, discrimination complaints, or appeals of either, tha…

291-109-0245 Grievances Related to Sexual Abuse or Sexual Harassment (1) A grievance related to a claim of sexual harassment or sexual abuse will be immediately subject to investigation that is outside the department’s administrative remedies process. (2) For purposes of these ru…

291-109-0250 Retention of Adult in Custody Grievances (1) The institution grievance coordinator will retain a file copy of grievances with pertinent documents, including appeals, in accordance with the department’s approved retention schedule for these records. (2) Grievances wil…

291-111-0100 Authority, Purpose, and Policy (1) Authority: The authority for these rules is granted to the Director of the Department of Corrections (DOC) in accordance with ORS 179.040, 179.360, 423.020, ORS 423.030, and ORS 423.075. (2) Purpose: The purpose of these rules is to…

291-111-0110 Definitions (1) Accessibility request: A request to modify department rules, policies, or practices, to remove architectural, communication, or transportation barriers, or to provide auxiliary aids and services for a qualified AIC with a disability to participate in …

291-111-0115 Accessibility Requests (1) An AIC may, at any time while in custody at a DOC facility or under the supervision of DOC while in the community, make an accessibility request to ensure the AIC is not excluded from participation in, or denied the benefits of DOC programs…

291-111-0125 Americans with Disability Act Grievance process (1) Allegations regarding alleged ADA accessibility claims will be filed utilizing the process outlined in OAR 291-109 (Grievance Review System). The institution AIC ADA Coordinator will be assigned to assist in the rev…

291-113-0005 Authority, Purpose and Policy (1) Authority: The authority for this rule is granted to the Director of the Department of Corrections (DOC) in accordance with ORS 179.040, 421.084, 423.020, 423.030, 423.075, and 423.085. (2) Purpose: The purpose of this rule is to est…

291-113-0010 Definitions (1) Adult Basic Education (ABE): Also known as Adult Basic Skills Development (ABSD), includes reading, writing, math, speaking and listening in English, and the adult secondary education general education development test (GED). (2) Adult in Custody (AIC…

291-113-0015 Post-Secondary Education Program (1) Post-secondary college and university programs are not funded by the department. Post-secondary programs are provided by community colleges or universities or through correspondence courses and must be approved by the department’s…

291-113-0021 Work-Based Education (WBE) Training Programs (1) Selection criteria for entry into WBE training programs: (a) A high school diploma or GED; (b) Level 5 or higher educational functional level for reading and math as defined by the National Reporting System for Adult E…

291-113-0030 Vocational and Apprenticeship Programs (1) Selection criteria for entry into an apprenticeship or vocational program is based upon the specific program and may include the following: (a) Oregon BOLI (Bureau of Labor and Industry) or industry requirements for the trai…

291-113-0035 Adult Basic Education (ABE) Programs (1) The ABE program is available to AICs based on identified need. Need will be determined through a recognized assessment as required by 291-113-0005 to determine the reading and math literacy level or scaled score achievements o…

291-117-0005 Authority, Purpose, and Policy (1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075. (2) Purpose: The purpose of this rule is to establish policy and proce…

291-117-0008 Definitions (1) Authorized Legal Material: Pleadings (i.e., complaint, petition or answer), legal motions and memoranda, affidavits, court orders and judgments, correspondence, and other necessary documents (including discovery and exhibits), in or directly pertainin…

291-117-0070 Inmate Property (General) (1) Each Department of Corrections facility shall have a specific location(s) where inmate property may be securely stored when not in the possession of the inmate and where property records are maintained. (2) Property Limit: Inmate propert…

291-117-0080 Authorized Inmate Property (1) Each inmate may possess authorized personal property and state-issued clothing not to exceed the capacity of the designated storage space located in the inmate’s assigned housing area. Each inmate is authorized to possess only the follo…

291-117-0090 Authorized Inmate Property at Initial Intake (1) Each inmate received at intake shall possess only the following personal property items while awaiting assignment to an appropriate facility within the state system: (a) Medical prosthesis as approved by Health Service…

291-117-0100 Authorized Legal Property (1) Each inmate is authorized to possess in his/her living quarters, and in the facility law library, legal material in or directly pertaining to his/her own pending and active case(s)/lawsuit(s) before the courts or paroling authorities. Th…

291-117-0110 Transfers (1) Authorized inmate personal property items shall be allowed to transfer with the inmate to any Department of Corrections facility, except for the following items: (a) 13-inch television; (b) Radio/tape player (boom box); (c) Electric guitar and supportin…

291-117-0120 Control of Property (1) Property must be kept in authorized areas. Property in unauthorized areas shall be considered contraband and unauthorized property, and shall result in confiscation of the item and/or disciplinary action. (2) There shall be no pictures/drawing…

291-117-0130 Limitations on Value/Liability/Inmate Personal Property Claims (1) No inmate may possess any single item of personal property that exceeds $100 in value, excluding one television, one approved musical instrument, one approved graphing calculator; and approved medical…

291-117-0140 Disposition of Inmate Property (1) Disposition of Unauthorized/Excess Property at Intake: (a) Items that are not authorized and considered not dangerous shall be packaged and mailed out at the inmate’s expense. If the inmate lacks sufficient funds to mail out the pro…

291-119-0005 Authority, Purpose and Policy (1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 147.275, 179.040, 421.095, 423.020, 423.030 and 423.075. (2) Purpose: To support and encourage inmate efforts t…

291-119-0010 Definitions “Inmate”: Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status. Statutory/Other Authority: ORS 179.040, 421.095, 423.020, 423.030 & 423.075 Statutes/Other Implemented: ORS 147…

291-119-0015 Resources (1) Any inmate may patent, copyright, publish, exhibit, sell, or otherwise dispose of his/her invention(s), manuscript(s), and/or documents, providing the material utilized in its production is the property of the inmate. (2) Equipment, supplies, and other …

291-119-0020 Staff Assistance (1) Assistance from staff in a facility may be provided by the functional unit manager if the inmate requests. (2) Such assistance may include, but is not limited to: (a) The establishment of appropriate lines of communication with persons or agencie…

291-119-0025 Proceeds from Invention(s), Manuscript(s), and/or Composition(s) All proceeds received by the facility in which the inmate is confined from the sale, exhibition, or other disposition of patents, copyrights, inventions, manuscripts, and/or compositions will be deposit…

291-119-0027 Escrow Accounts (1) Whenever any person or other legal entity contracts with a representative or assignee of an inmate for the payment of money in return for the right to reenact a crime or to describe the individual’s thoughts, opinions or emotions regarding the cri…

291-123-0005 Authority, Purpose, and Policy (1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075. (2) Purpose: The purpose of this rule is to set forth standards govern…