OAR 274-006-0013
Incomplete Fitness Determination
(1)
The Department will close a preliminary or final fitness determination as incomplete when:(a)
Circumstances change so that a person no longer meets the definition of a “subject individual” under OAR 274-006-0004 (Subject Individual).(b)
The subject individual does not submit materials or information within the time required under OAR 274-006-0005 (Criminal Records Check Process)(3);(c)
The Department cannot locate or contact the subject individual;(d)
The subject individual fails or refuses to cooperate with the Department’s attempts to acquire other criminal records information under OAR 274-006-0011 (Final Fitness Determination)(2); or(e)
The Department determines that the subject individual is not eligible or not qualified for the position (of employee, contractor, vendor or volunteer) for a reason unrelated to the fitness determination process.(f)
The position is no longer open.(2)
A subject individual does not have a right to a contested case hearing under OAR 274-006-0018 (Appealing a Fitness Determination)(2) or a right to an alternative appeals process as provided by OAR 274-006-0018 (Appealing a Fitness Determination)(6) to challenge the closing of a fitness determination as incomplete.
Source:
Rule 274-006-0013 — Incomplete Fitness Determination, https://secure.sos.state.or.us/oard/view.action?ruleNumber=274-006-0013.