Or. Admin. Code § 736-002-0050

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

Section 736-002-0050 - Preliminary Fitness Determination

(1) An authorized designee may conduct a preliminary fitness determination if the Department is interested in hiring or appointing a subject individual on a preliminary basis, pending a final fitness determination.

(2) If an authorized designee elects to make a preliminary fitness determination under section (1), the authorized designee shall make that preliminary fitness determination based on information disclosed by the subject individual under OAR 736-002-0042(1) and a LEDS criminal records check in accordance with OAR 125-007-0250.

(3) The authorized designee may approve a subject individual as fit, on a preliminary basis, if the authorized designee has no reason to believe the subject individual has made a false statement and the information available to the authorized designee does not disclose that the subject individual has any potentially disqualifying crimes in accordance with OAR 125-007-0270.

(4) If the information available to the authorized designee discloses one or more of the circumstances identified in OAR 125-007-0270, the authorized designee may approve a subject individual as fit on a preliminary basis, if the authorized designee concludes, after evaluating all available information, that hiring or appointing the subject individual on a preliminary basis does not pose a risk of harm to the Department, its client entities, the State, or members of the public.

(5) If a subject individual is determined to be fit or unfit to work/volunteer on the basis of a preliminary fitness determination, an authorized designee shall conduct a final fitness determination under OAR 125-007-0260.

(6) A subject individual may not appeal a preliminary fitness determination.

Or. Admin. Code § 736-002-0050

PRD 3-2008, f. & cert. ef. 2-15-08; PRD 6-2017, amend filed 11/20/2017, effective 11/20/2017

Statutory/Other Authority: ORS 390.124, 390.131, 390.140, ORS 181A.195 & 390.200

Statutes/Other Implemented: ORS 181A.195