OAR 407-007-0070
Final Fitness Determinations

The Department shall make a final fitness determination in accordance with OAR 125-007-0260 (Final Fitness Determination) and this rules after all necessary criminal records checks and a weighing test, if necessary, have been completed.
(1) The Department may obtain and consider additional information as necessary to complete the final fitness determination. Particularly in weighing tests where it appears the outcome may be adverse to an SI, the Department shall attempt to obtain additional information for the weighing test from the SI directly through correspondence, phone, or both.
(2) The final fitness determination shall result in one of the following outcomes:
(a) The Department may approve an SI if:
(A) The SI has no potentially disqualifying convictions or potentially disqualifying conditions; or
(B) The SI has potentially disqualifying convictions or potentially disqualifying conditions and, after a weighing test with available information, the Department determines that more likely than not the SI poses no risk to the Department, its clients, or vulnerable persons.
(b) The Department may approve an SI with restrictions if, after a weighing test with available information, it determines that more likely than not that the SI poses no risk to the Department, its clients, or vulnerable persons, if certain restrictions are placed on the SI, such as but not limited to restrictions to one or more specific clients, position duties, or environments. The Department shall complete a new background check and fitness determination on the SI before removing a restriction. A fitness determination of approved with restrictions shall only be considered for the following SIs:
(A) An individual secured by the Department through the services of a temporary employment agency, staffing agency, or personnel services agency who is providing any of the duties or having access as described in OAR 407-007-0060 (Weighing Test)(3).
(B) A volunteer or student under Department direction and control.
(C) A Department client who is placed in a Work Experience or JOBS Plus program at a Department site.
(D) Any individual who is required to complete a criminal records check pursuant to the statutory authority of ORS 181A.195 (Criminal records check) and 181A.200 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints) or the authority of these rules pursuant to a contract with the Department.
(c) The Department shall deny an SI whom it determines, after a weighing test with available information, more likely than not poses a risk to the Department, its clients, or vulnerable individuals.
(d) The Department shall consider a criminal records check to have any outcome of incomplete fitness determination in the following circumstances:
(A) The Department or SI discontinues the application or the SI fails to cooperate with the criminal records check or fitness determination process, including but not limited to refusal to be fingerprinted or failing to respond in a timely manner to requests from the Department. The criminal records check request is considered closed and there are no hearing rights for the SI.
(B) BCU determines that the SI has no potentially disqualifying convictions under OAR 407-007-0041, and no potentially disqualifying conditions under OAR 407-007-0050 (Potentially Disqualifying Conditions), and has been denied under OAR 407-007-0400 (Purpose) to 407-007-0460 (Confidentiality) due to a weighing test involving potentially disqualifying abuse. The criminal records checks is considered completed and the SI has hearing rights under OAR 407-00-0400 to 407-007-0460 (Confidentiality).
(C) BCU determines that the SI is ineligible for the position due to federal requirements, state statutes, or for reasons other than criminal history. The criminal records check request is considered closed and SI has no hearing rights.
(D) BCU or the QE withdraws or closes the background check request before a final fitness determination for any reason. The background check request is considered closed and the SI has no hearing rights.
(E) The SI withdraws the application, leaves the position prior to completion of the background check, or the Department cannot locate or contact the SI. The background check request is considered closed and the SI has no hearing rights.
(3) Upon completion of a final fitness determination, the Department shall provide the SI with written notice, which shall:
(a) Be in a Department approved format;
(b) Include information regarding appeal rights for denied or approved with restrictions outcomes if appeal is allowed. The notice shall also include a statement that it becomes a final order by default in the event of a withdrawal or a failure to participate during the appeal or hearing; and
(c) Be mailed or hand-delivered to the SI no later than 14 calendar days after the decision. The effective date of action shall be recorded on the notice.
(d) Human Resources shall also provide employees with all formal disciplinary documents and letters up to and including a letter of dismissal.
(4) When an SI is denied, the Department may not allow the SI to work, volunteer, be employed, or otherwise perform in the position listed in the criminal records check request. A denial applies only to the position in question.
(a) The process for a Department employee’s removal from service or dismissal shall adhere to Department-wide Support Services discharge policies, Department of Administrative Services’ Human Resource Services Division dismissal polices, and collective bargaining agreements on discharge, as applicable.
(b) For all other SIs, a denial shall result in immediate dismissal.
(5) Final fitness determinations shall be documented in writing, including any other necessary details including but not limited to restrictions in a restricted approval or potentially disqualifying crimes or conditions in a denial.
(6) The Department shall make new fitness determinations for each application. The outcome of previous fitness determinations does not set a precedent for subsequent fitness determinations.

Source: Rule 407-007-0070 — Final Fitness Determinations, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=407-007-0070.

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 407-007-0070’s source at or​.us