Or. Admin. Code § 845-002-0240

Current through Register Vol. 63, No. 12, December 1, 2024

Section 845-002-0240 - Preliminary Fitness Determination

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

(2) An authorized designee shall make a preliminary fitness determination about a subject individual based on information disclosed by the subject individual under OAR 845-002-0230(1) and a LEDS criminal records check.

(3) The authorized designee shall approve a subject individual as fit on a preliminary basis if the authorized designee has no reason to believe that the subject individual has made a false statement and the information available to the authorized designee does not disclose that the subject individual:

(a) Has been convicted of, found guilty except for insanity (or comparable disposition) of, or has a pending indictment for a crime listed or described under OAR 845-002-0270;

(b) Within the last five years, has been arrested for or charged with a crime listed or described under OAR 845-002-0270;

(c) Is being investigated for, or has an outstanding warrant for a crime listed or described under OAR 845-002-0270;

(d) Is currently on probation, parole, or another form of post-prison supervision for a crime listed or described under OAR 845-002-0270;

(e) Has a deferred sentence or conditional discharge or is participating in a diversion program in connection with a crime listed or described under OAR 845-002-0270; or

(f) Has been adjudicated in a juvenile court and found to be within the court's jurisdiction for an offense that would have constituted a crime listed or described under OAR 845-002-0270.

(4) If the information available to the authorized designee discloses one or more of the circumstances identified in section (3), the authorized designee may nonetheless 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 Commission, its client entities, the State, or members of the public.

(5) If a subject individual is either approved or denied on the basis of a preliminary fitness determination, an authorized designee thereafter shall conduct a fitness determination under OAR 845-002-0260.

(6) A subject individual may not appeal a preliminary fitness determination, under the process provided under OAR 845-002-0300 or otherwise.

Or. Admin. Code § 845-002-0240

OLCC 10-2008, f. 8-18-08, cert. ef. 9-1-08

Stat. Auth.: ORS 181.534, 471.030, 471.040 & 471.730

Stats. Implemented: ORS 181.534 & 471.695