OAR 137-007-0240
Preliminary Fitness Determination
(1)
An authorized designee may conduct a preliminary fitness determination if the Department is interested in hiring or appointing a subject individual on a preliminary basis, pending a final fitness determination.(2)
If an authorized designee elects to make a preliminary fitness determination about a subject individual, pending a final fitness determination, the authorized designee shall make that preliminary fitness determination based on information disclosed by the subject individual under OAR 137-007-0230 (Criminal Records Check Process)(1) and a LEDS criminal records check.(3)
The authorized designee shall 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 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 137-007-0270 (Crimes Relevant to a Fitness Determination);(b)
Has been arrested for or charged with a crime listed under OAR 137-007-0270 (Crimes Relevant to a Fitness Determination);(c)
Is being investigated for, or has an outstanding warrant for a crime listed under OAR 137-007-0270 (Crimes Relevant to a Fitness Determination);(d)
Is currently on probation, parole, or any form of post-prison supervision for a crime listed under OAR 137-007-0270 (Crimes Relevant to a Fitness Determination);(e)
Has a deferred sentence or conditional discharge or is participating in a diversion program in connection with a crime listed under OAR 137-007-0270 (Crimes Relevant to a Fitness Determination); 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 137-007-0270 (Crimes Relevant to a Fitness Determination) if committed by an adult.(4)
If the information available to the authorized designee discloses one or more of the circumstances identified in section (3), the authorized designee may nonetheless approve a subject individual as fit on a preliminary basis if 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 the Department, 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, an authorized designee thereafter shall conduct a fitness determination under OAR 137-007-0260 (Final Fitness Determination).(6)
A subject individual may not appeal a preliminary fitness determination, under the processes provided under OAR 137-007-0300 (Appealing a Fitness Determination) or otherwise.
Source:
Rule 137-007-0240 — Preliminary Fitness Determination, https://secure.sos.state.or.us/oard/view.action?ruleNumber=137-007-0240.