Or. Admin. Code § 585-005-0035

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

Section 585-005-0035 - Preliminary Fitness Determination

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

(2) If the Executive Director or an authorized designee elects to make a preliminary fitness determination about a subject individual, pending a final fitness determination, the Executive Director or authorized designee shall make that preliminary fitness determination based on information disclosed by the subject individual and a LEDS criminal records check.

(3) The Executive Director or the authorized designee may 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 Executive Director or the authorized designee does not disclose that the subject individual:

(a) Has pled nolo contendere (or no contest) to, been convicted of, found guilty except for insanity (or comparable disposition) of, or has a pending indictment for a crime listed under OAR 585-005-0050;

(b) Has been arrested for or charged with a crime listed under OAR 585-005-0050;

(c) Is being investigated for, or has an outstanding warrant for a crime listed under OAR 585-005-0050.

(d) Is currently on probation, parole, or any form of post-prison supervision for a crime listed under OAR 585-005-0050;

(e) Has a deferred sentence or conditional discharge or is participating in a diversion program in connection with a crime listed under OAR 585-005-0050; 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 in OAR 585-005-0050 if committed by an adult.

(4) If the information available to the Executive Director or the authorized designee discloses one or more of the circumstances identified in section (3), the Executive Director or the authorized designee may nonetheless approve a subject individual as fit on a preliminary basis if the Executive Director or 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 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, Executive Director or an authorized designee thereafter shall conduct a fitness determination under OAR 585-005-0045.

(6) A subject individual may not appeal a preliminary fitness determination, under the processes provided under OAR 585-005-0060 or otherwise.

Or. Admin. Code § 585-005-0035

CFTB 2-2009, f. & cert. ef. 6-11-09; CFTB 2-2021, amend filed 02/23/2021, effective 2/24/2021

Statutory/Other Authority: ORS 181A.195 & ORS 346.300

Statutes/Other Implemented: ORS 181A.195 & ORS 346.300