Or. Admin. Code § 407-007-0050

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

Section 407-007-0050 - Potentially Disqualifying Conditions

Pursuant to OAR 125-007-0270(5), the following are potentially disqualifying conditions, if they exist on the date of the final fitness determination unless otherwise noted:

(1) False statement is potentially disqualifying when all the following conditions are met:

(a) In a background check request, an SI has submitted the answer, "No" to the question regarding whether the SI has criminal history;

(b) The Department finds potentially disqualifying criminal history in the criminal records check; and

(c) The found potentially disqualifying criminal history occurred before the date of the SI's submission.

(2) The SI is a registered sex offender in any jurisdiction. There is a rebuttable presumption that an SI is likely to engage in conduct that would pose a significant risk to the Department, its clients, or vulnerable individuals if the SI has been designated a predatory sex offender under ORS 181.585 or found to be a sexually violent dangerous offender under ORS 144.635 (or similar statutes in other jurisdictions).

(3) The SI has an outstanding warrant for any permanent review crime in any jurisdiction.

(4) The SI has a deferred sentence, conditional discharge, or is participating in a diversion program for a permanent review crime in any jurisdiction.

(5) The SI is currently on probation, parole, or post-prison supervision for a potentially disqualifying crime in any jurisdiction.

(6) The SI is found in violation of post-prison supervision, parole, or probation for a potentially disqualifying crime or condition in any jurisdiction regardless of the original conviction date within five years from the date of the final fitness determination.

(7) The SI has an unresolved arrest, charge, or a pending indictment for any permanent review crime.

(8) The SI has been arrested for a permanent review crime in any jurisdiction as a fugitive from another state or a fugitive from justice for a permanent review crime that results in a potentially disqualifying conviction or condition.

(9) An adjudication in a juvenile court in any jurisdiction, finding that the SI was responsible for a permanent review crime that would result in a conviction if committed by an adult. Subsequent adverse rulings from a juvenile court, such as probation violations, are also potentially disqualifying if occurring within five years from the date of the final fitness determination.

(10) A finding of "guilty except for insanity," "guilty except by reason of insanity," "not guilty by reason of insanity," "responsible except for insanity," "not responsible by reason of mental disease or defect," or similarly worded disposition in any jurisdiction regarding a permanent review crime, unless the local statutes indicate that such an outcome is considered an acquittal.

Or. Admin. Code § 407-007-0050

DHSD 2-2008(Temp), f. & cert. ef. 3-31-08 thru 9-26-08; DHSD 7-2008, f. 8-29-08, cert. ef. 9-1-08; DHSD 9-2009, f. 12-31-09, cert. ef. 1-1-10; DHSD 2-2016(Temp), f. & cert. ef.1-14-16 thru 7-11-16; DHSD 4-2016, f. 6-9-16, cert. ef. 6/15/2016; DHSD 18-2019, temporary amend filed 09/26/2019, effective 9/27/2019 through 03/24/2020; DHSD 2-2020, amend filed 02/10/2020, effective 2/10/2020; DHS 7-2021, temporary amend filed 06/25/2021, effective 6/25/2021 through 12/21/2021; DHS 24-2021, amend filed 12/15/2021, effective 12/17/2021

Statutory/Other Authority: ORS 181A.195, 181A.200 & 409.050

Statutes/Other Implemented: ORS 181A.195, 181A.200 & 409.010