Or. Admin. Code § 863-005-0050

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

Section 863-005-0050 - Notice to Subject Individual of Incomplete Criminal Background Application

(1) When an authorized designee proposes to close an incomplete criminal background application and terminate a criminal background fitness determination without issuing a decision the authorized designee shall:

(a) Provide written notice via first class mail to the subject individual within 14 calendar days of a decision to terminate the subject individual's criminal background fitness determination due to incompleteness;

(b) State the reason the subject individual's criminal background fitness determination application was found to be incomplete; and

(c) Record on the notice the date the criminal background fitness determination application was terminated and closed due to incompleteness.

(2) A subject individual that receives notice that the Agency intends to terminate a criminal background fitness determination due to incompleteness may submit a written request to the Agency requesting the Agency to continue the fitness determination process. A subject individual's written request to continue the criminal background fitness determination process must be received by the Agency within 30 days of the date of the original notice of termination. The request must include all information previously requested by the Agency but not provided by the subject individual. If a subject individual fails to submit a written request to continue a fitness determination process within 30 days of receiving the notice described in section (1) of this rule, the subject individual shall be required to submit a new background check application, fingerprint card and fee.

Or. Admin. Code § 863-005-0050

REA 3-2008, f. 6-12-08, cert. ef. 7-1-08; REA 9-2018, minor correction filed 01/05/2018, effective 1/5/2018

Statutory/Other Authority: ORS 181.534, 696.022 & 696.790

Statutes/Other Implemented: ORS 181.534