Or. Admin. Code § 836-072-0045

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

Section 836-072-0045 - Authorized Designees

(1) Authorized designees shall be employees holding positions within the Department that have been designated by the Director to include the responsibilities of an authorized designee.

(2) Appointment to a position designated under section (1) of this rule is contingent upon approval of the employee under the Department's nationwide criminal history check and fitness determination processes and any process required by the Department of Oregon State Police or Federal Bureau of Investigations rules, regulations or policies. An appointment under this section is at the Director's discretion.

(3) The Director and Deputy Director may also serve as authorized designees, contingent on being approved under the Department's nationwide criminal history check and fitness determination processes and any process required by Department of Oregon State Police or Federal Bureau of Investigation rules, regulations or policies.

(3) An authorized designee may not participate in a fitness determination or review any information associated with a fitness determination for an applicant if either of the following is true:

(a) The authorized designee is related to the applicant; or

(b) The authorized designee has a financial or close personal relationship with the applicant. If an authorized designee is uncertain whether a relationship with an applicant qualifies as a financial or close personal relationship under this subsection, the authorized designee must consult with the authorized designee's supervisor before taking any action that would violate this rule if such a relationship were determined to exist.

(4) When an authorized designee's employment in a designated position ends, the authorized designee's status as an authorized designee is automatically terminated.

(5) The Department shall suspend or terminate a Department employee's appointment to a designated position and suspend or terminate the employee's status as an authorized designee if:

(a) The employee fails to comply with OAR 836-072-0001 to 836-072-0045 in conducting criminal history checks and fitness determinations;

(b) The employee loses access to LEDS or criminal offender information received from the Department of Oregon State Police or the Federal Bureau of Investigation; or

(c) The employee is prohibited by section (3) of this rule.

(6) An authorized designee must immediately report to the authorized designee's supervisor if the authorized designee is arrested for or charged with, is being investigated for or has an outstanding warrant or pending indictment for a crime listed in OAR 836-072-0020. Failure to make the required report is grounds for termination of the applicant's appointment to a designated position and termination of status as an authorized designee.

(7) The Department must review and update an authorized designee's eligibility for service in a designated position and may require a new criminal history check and fitness determination:

(a) Every three years; or

(b) At any time the Department has reason to believe that the authorized designee has violated OAR 836-072-0001 to 836-072-0045, has committed a crime listed in 836-072-0020, or is or may no longer be eligible to serve in the current position or as an authorized designee.

Or. Admin. Code § 836-072-0045

ID 19-2008, f. & cert. ef 12-10-08

Stat. Auth.: ORS 181.534, 705.135, 731.244

Stats. Implemented: ORS 181.534, 705.141, 744.001, 744.059, 744.326