Or. Admin. Code § 575-007-0300

Current through Register Vol. 63, No. 10, October 1, 2024

Section 575-007-0300 - Other Information Considered

(1) Consideration of Other Information. When other information is disclosed by the subject individual, or is otherwise known by the authorized designee, the authorized designee must consider such information in addition to potentially disqualifying crimes and conditions when making the fitness determination, including but not limited to:

(a) Circumstances regarding the potentially disqualifying crimes and conditions. These may include, but are not limited to:

(A) Age of the subject individual at time of the crime;

(B) Details of incidents leading to the charges of potentially disqualifying crimes or resulting in potentially disqualifying conditions;

(C) Facts that support or contradict the conviction, pending indictment, the making of a false statement, or other potentially disqualifying condition; or

(D) Consideration of Oregon or federal laws, regulations, or rules covering the position, facility or employer in regard to the potentially disqualifying crimes or conditions.

(b) Other Circumstances. The authorized designee must also consider other factors when relevant information is provided by the Commission or the subject individual including, but not limited to:

(A) Other information related to criminal activity including charges, arrests, and convictions. This includes subsequent commission of another relevant crime and whether the conviction was set aside and the legal effect of setting aside the conviction;

(B) Periods of incarceration of the subject individual;

(C) Passage of time since commission of the crime;

(D) Parole or probation status;

(E) Evidence of drug or alcohol issues, including history of use, manufacturing, delivery, treatment, and rehabilitation;

(F) Evidence of other treatment or rehabilitation related to criminal activity or other factors listed in this rule;

(G) Likelihood of repetition of criminal behavior, including, but not limited to, the subject individual's acknowledgment and honesty relative to past behavior, patterns of criminal activity, and whether the subject individual appears to accept responsibility for past actions, as determined by the authorized designee;

(H) Changes in circumstances subsequent to the criminal activity or disqualifying condition;

(I) Education;

(J) Work history (employee or volunteer) or license or certificate history;

(K) Written recommendations from current or past employer(s);

(L) Indication that criminal history has or has not been truthfully and fully disclosed to employer;

(M) Indication of the subject individual's cooperation and honesty during the criminal records check process as described in these rules.

(c) Relevancy of History to Position. The relevancy of the subject individual's criminal history or false statement to the paid or volunteer position, or to the environment in which the subject individual will work, must be considered.

(2) Fitness Determination with Available Information. If the authorized designee requests other information for the purpose of conducting a weighing test under OAR 575-007-0320(5)(c), and the subject individual does not respond in a stated time period, the authorized designee will make a fitness determination based on the potentially disqualifying crimes or conditions, the available information, and the subject individual's failure to timely or adequately respond to information requests.

Or. Admin. Code § 575-007-0300

OSAC 4-2006, f. & cert. ef. 11-1-06

Stat. Auth.: ORS 348; Ch. 730 2005 OL, HB. 2157 2005 OL

Stats. Implemented: Ch. 730 2005 OL