OAR 407-007-0060
Weighing Test

If the SI has potentially disqualifying convictions under OAR 407-007-0041, or potentially disqualifying conditions under OAR 407-007-0050 (Potentially Disqualifying Conditions), the Department shall conduct a weighing test. The weighing test shall include consideration of factors pursuant to ORS 181A.195 (Criminal records check) and the following if available at the time of the weighing test:
(1) Circumstances regarding the nature of potentially disqualifying crimes and conditions including but not limited to:
(a) Age, maturity and capacity of the SI at time of the potentially disqualifying conviction or condition.
(b) Details of incidents leading to or resulting in potentially disqualifying convictions or conditions.
(c) Facts that support the potentially disqualifying conviction or condition.
(d) Passage of time since commission of the crime or potentially disqualifying condition.
(e) Consideration of state or federal laws, regulations, or rules covering the position or the Department, regarding the potentially disqualifying convictions or conditions.
(2) Other factors when available including but not limited to:
(a) Periods of incarceration, including rehabilitation or other impacts on SI.
(b) Status of and compliance with parole, post-prison supervision, or probation regarding potentially disqualifying convictions or conditions.
(c) Evidence of drug or alcohol issues directly related to potentially disqualifying convictions or conditions.
(d) Evidence of other treatment or rehabilitation related to potentially disqualifying convictions or conditions.
(e) Likelihood of repetition of behaviors leading to potentially disqualifying convictions or conditions.
(f) If a ten-year review conviction or a condition is related to driving any vehicle or conveyance while under the influence of intoxicants in any jurisdiction, consideration shall be given that, for an SI subject to OAR 407-007-0040(3), two or more convictions of ORS 813.010 (Driving under the influence of intoxicants) are needed within five years of the background check to be considered potentially disqualifying. If the ten-year review conviction or the condition have similar circumstances to ORS 813.010 (Driving under the influence of intoxicants), then less weight may be given to the convictions or conditions.
(g) Changes in circumstances subsequent to the criminal activity or disqualifying conditions including but not limited to:
(A) History of high school, college, or other education related accomplishments.
(B) Work history (employee or volunteer).
(C) History regarding licensure, certification, or training for licensure or certification.
(D) Written recommendations from current or past employers.
(h) Indication of the SI’s cooperation, honesty during the background check process, including:
(A) Acknowledgment and acceptance of responsibility of potentially disqualifying convictions and conditions; or
(B) Providing false, incomplete or misleading information regarding potentially disqualifying convictions and conditions, or any subsequent circumstances.
(3) The Department shall consider the relevancy of the SI’s potentially disqualifying convictions or conditions to the position or to the environment of the position. Consideration includes the relation between the SI’s potentially disqualifying convictions or conditions and the following tasks or duties in the position:
(a) Access to or direct contact with Department clients, client property, or client funds.
(b) Access to information technology services, or control over or access to information technology systems that would allow an individual holding the position to harm the information technology systems or the information contained in the systems.
(c) Access to information, the disclosure of which is prohibited by state or federal laws, rules, or regulations, or information that is defined as confidential under state or federal laws, rules, or regulations.
(d) Access to payroll functions.
(e) Responsibility for receiving, receipting, or depositing money or negotiable instruments.
(f) Responsibility for billing, collections, or other financial transactions.
(g) Access to mail received or sent to the Department, including interagency mail, or access to any mail facilities in the Department.
(h) Responsibility for auditing the Department or other governmental agencies.
(i) Responsibility for any personnel or human resources functions.
(j) Access to personal information about employees, clients, or members of the public including Social Security numbers, dates of birth, driver license numbers, residency information, medical information, personal financial information, criminal offender information, or other criminal records information.
(k) Access to medications, chemicals, or hazardous materials; access to facilities in which medications, chemicals, and hazardous materials are present; or access to information regarding the transportation of medications, chemicals, or hazardous materials.
(L) Access to property to which access is restricted in order to protect the health or safety of the public.
(m) Responsibility for security, design, or construction services. This includes government buildings, grounds, or facilities or buildings, owned, leased, or rented for government purposes.
(n) Access to critical infrastructure or security-sensitive facilities or information.
(o) Access or use of CJI, or the need for CJIS clearance.
(p) Access or use of FTI.

Source: Rule 407-007-0060 — Weighing Test, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=407-007-0060.

407‑007‑0000
Purpose and Scope 407‑007‑0010
Definitions 407‑007‑0020
Criminal History Check Required 407‑007‑0030
Criminal Records Check Process 407‑007‑0041
Potentially Disqualifying Convictions 407‑007‑0050
Potentially Disqualifying Conditions 407‑007‑0060
Weighing Test 407‑007‑0065
Hired on a Preliminary Basis 407‑007‑0070
Final Fitness Determinations 407‑007‑0080
Contesting a Final Fitness Determination 407‑007‑0090
Record Keeping, Confidentiality 407‑007‑0100
Variances 407‑007‑0200
Purpose and Scope 407‑007‑0210
Definitions 407‑007‑0220
Background Check Required 407‑007‑0230
Qualified Entity 407‑007‑0240
QE Designees and QE Initiators 407‑007‑0250
Background Check Process 407‑007‑0275
Convictions Under ORS 443.004 Resulting in Ineligibility for Aging and People with Disabilities Program and Developmental Disabilities Program SIs 407‑007‑0277
Convictions Under ORS 443.004 Resulting in Ineligibility for Mental Health or Alcohol and Drug Program SIs 407‑007‑0279
Federal Mandatory Exclusions 407‑007‑0281
Potentially Disqualifying Convictions 407‑007‑0290
Potentially Disqualifying Conditions 407‑007‑0300
Weighing Test 407‑007‑0315
Hired on a Preliminary Basis 407‑007‑0318
Approval for “Family First” Subject Individuals 407‑007‑0320
Final Fitness Determinations 407‑007‑0330
Contesting a Fitness Determination 407‑007‑0340
Record Keeping, Confidentiality 407‑007‑0350
Immunity from Liability 407‑007‑0370
Variances 407‑007‑0400
Purpose 407‑007‑0410
Definitions 407‑007‑0420
Reporting Abuse Allegations Required 407‑007‑0430
Applicants to the Department 407‑007‑0440
Current Employees of the Department 407‑007‑0445
Employees Who Apply or Are Hired at SACU after 1/1/2018 407‑007‑0450
Current Volunteers of the Department 407‑007‑0455
Current Contract SIs of the Department 407‑007‑0460
Confidentiality 407‑007‑0600
Purpose 407‑007‑0610
Definitions 407‑007‑0620
Background Check Registry 407‑007‑0630
Reporting Requirements for Qualified Entities 407‑007‑0640
Access and Release of Information
Last Updated

Jun. 8, 2021

Rule 407-007-0060’s source at or​.us