Or. Admin. Code § 863-003-0030

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

Section 863-003-0030 - Preliminary Fitness Determination

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

(2) If the Agency elects to make a preliminary fitness determination about a subject individual, pending a final fitness determination, the Agency shall make a preliminary fitness determination about a subject individual based on information disclosed by the subject individual under OAR 863-003-0020, and a LEDS Computerized Criminal History Check.

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

(a) Pled nolo contendere (or no contest) to, was convicted of, was found guilty except for insanity (or comparable disposition) of, or has a pending indictment for a crime listed under OAR 863-003-0060;

(b) Is being investigated for, has an outstanding warrant for, or has been charged with a crime listed under OAR 863-003-0060;

(c) Is currently on probation, parole, or any form of post-prison supervision for a crime listed OAR 863-003-0060;

(d) Has a deferred sentence or conditional discharge in connection with a crime listed under OAR 863-003-0060; or

(e) 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 863-003-0060 if committed by an adult.

(4) If the information available to the Agency discloses one or more of the circumstances identified in section (3), the Agency may approve a subject individual for hiring or appointment on a preliminary basis if the Agency concludes, after evaluating all available information and considering the factors in OAR 863-003-0050(1), that hiring or appointing the subject individual on a preliminary basis does not pose any risk of harm to the Agency, 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, the Agency shall conduct a final fitness determination under OAR 863-003-0050(1).

(6) A subject individual may not appeal a preliminary fitness determination.

Or. Admin. Code § 863-003-0030

REA 35-2018, adopt filed 10/09/2018, effective 10/31/2018

Statutory/Other Authority: ORS 181A.195, ORS 696.790 & 696.385

Statutes/Other Implemented: ORS 181A.195 & ORS 696.790