Or. Admin. Code § 736-002-0058

Current through Register Vol. 64, No. 1, January 1, 2025

Section 736-002-0058 - Final Fitness Determination

(1) If the Department elects to conduct a criminal records check, an authorized designee shall make a final fitness determination about a subject individual based on information provided by the subject individual under OAR 736-002-0042(1), the criminal records check(s) conducted, if any, and any false statements made by the subject individual.

(2) In making a final fitness determination about a subject individual, an authorized designee shall consider the factors in ORS 181A.195(10)(d) in relation to information provided by the subject individual under OAR 736-002-0042(1), including any criminal offender information, as defined in OAR 125-007-0210, obtained through a criminal records check and other information known by the Depatment.

(3) Possible outcomes of a final fitness determination are provided in OAR 125-007-0260 (2).

(a) Approval.An authorized designee shall approve a subject individual if the information reviewed as described in sections (1) and (2) shows none of the following:

(A) Evidence that the subject individual has been convicted of, or found guilty of a crime as provided in OAR 125-007-0270;

(B) Evidence that the subject individual has a pending indictment for a crime as provided in OAR 125-007-0260(2);

(C) Evidence that the subject individual has been arrested for any crime as provided in OAR 125-007-0260(2);

(D) Evidence of the subject individual having made a false statement; or

(E) Any discrepancies between the criminal offender information and information obtained from the subject individual.

(b) Restricted or Conditional Approval as provided in OAR 125-007-0260(2)(b)(A) and (B).

(c) Denial as provided in OAR 125-007-0260(2)(c)(A) and (B).

(d) Incomplete Fitness Determination as provided in OAR 125-007-0260(2)(d)(A) through (D).

(4) Final Fitness Determination. A final fitness determination becomes final unless the affected subject individual appeals by requesting either a contested case hearing or an alternative appeals process as described in OAR 736-002-0102 and OAR 125-007-0300.

(5) Reapplication. A new application received from a subject individual, who has received a final fitness determination and been determined to be unfit for an OPRD position or appointment, will not be considered during the same open recruitment period for the same position or volunteer appointment. The final fitness determination will stand pending the outcome of any appeal. No other recourse is available to the subject individual.

Or. Admin. Code § 736-002-0058

PRD 3-2008, f. & cert. ef. 2-15-08; PRD 2-2018, amend filed 02/23/2018, effective 2/23/2018

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

Statutes/Other Implemented: 181A.195 & 390.200