Or. Admin. Code § 575-007-0310

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

Section 575-007-0310 - Hiring on a Preliminary Basis

A subject individual may participate in training, orientation, and work activities prior to a final fitness determination only under the following conditions and will be considered to be hired on a preliminary basis:

(1) OSAC Criminal Records Request Form Completed. An OSAC Criminal Records Request form must have been completed by the subject individual and reviewed by the authorized designee.

(2) Preliminary Fitness Determination Required. A preliminary fitness determination must have been completed pursuant to OAR 575-007-0320.

(3) Active Supervision. A subject individual who is hired on a preliminary basis must be actively supervised at all times by someone who is approved pursuant to these rules.

(a) Duties. The person providing active supervision at all times must meet all of the following conditions:

(A) Know where the person hired on a preliminary basis is and what the person is doing; and

(B) Periodically observe the actions of the person hired on a preliminary basis.

(b) Exemption from Active Supervision. A subject individual who was approved without restrictions within the previous 24 months through a documented criminal records check pursuant to these rules by the Commission or by another Oregon public employer or prior Commission criminal records check rules may be hired on a preliminary basis without active supervision, provided the subject individual provides proof of having worked for a sustained period under the previous fitness determination. The Commission must maintain the documentation. The 24-month time frame is based on the length of time between the date of previous approval and the date of starting the new position. This exemption is not allowed:

(A) If the subject individual discloses criminal history that occurred within the previous 24 months;

(B) If the subject individual is currently involved in an appeal under these rules; or

(C) If, as determined by the authorized designee or the Commission, the job duties in the new position are so substantially different from the previous position that the previous fitness determination is inadequate for the current position.

(4) Status Prior to Final Fitness Determination. Nothing in this rule is intended to require that a subject individual who is eligible for hire on a preliminary basis be allowed to work, volunteer, or be trained prior to a final fitness determination.

(5) Termination of Hire on a Preliminary Basis.

(a) Those subject individuals hired on a preliminary basis may be terminated by the Commission immediately for the following reasons:

(A) There is any indication of falsification of application or other false statement by the applicant/employee;

(B) The criminal records check reveals a conviction for any potentially disqualifying crime not disclosed by the subject individual;

(C) The LEDS check identifies the subject individual as a "multi-state offender" and the subject individual did not disclose an out-of-state conviction or arrest;

(D) The subject individual failed to disclose a conviction or an arrest that did not result in a conviction;

(E) The Commission determines that hiring on a preliminary basis was not appropriate, based on the application, criminal history, position duties, or laws or rules applicable to the position.

(b) Termination of the hire on a preliminary basis is not subject to appeal under these rules.

Or. Admin. Code § 575-007-0310

OSAC 4-2006, f. & cert. ef. 11-1-06; OSAC 1-2015, f. & cert. ef. 12/18/2015

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

Stats. Implemented: Ch. 730 2005 OL