OAR 407-007-0300
Weighing Test

If an SI has potentially disqualifying convictions under OAR 407-007-0281 (Potentially Disqualifying Convictions), or potentially disqualifying conditions under OAR 407-007-0290 (Potentially Disqualifying Conditions), BCU 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 to the BCU at the time of the weighing test.
(1) Circumstances regarding the nature of potentially disqualifying convictions and conditions including but not limited to:
(a) The details of incidents leading to the potentially disqualifying convictions or conditions.
(b) Age, maturity and mental capacity of the SI at time of the potentially disqualifying convictions or conditions.
(c) Facts that support the potentially disqualifying convictions or conditions.
(d) Passage of time since commission of the potentially disqualifying convictions or conditions.
(e) Consideration of state or federal laws, regulations, or rules covering the position, facility, employer, or QE regarding the potentially disqualifying convictions or conditions.
(2) If applicable, circumstances regarding the nature of potentially disqualifying abuse including but not limited to:
(a) The nature and type of abuse; and
(b) Other information gathered during the scope of the abuse investigation.
(c) The date of the abuse incident and abuse investigation.
(d) The quality of the abuse investigation including, if applicable, any exhibits and related documents with consideration taken into account regarding completeness, objectivity, and sufficiency.
(e) Due process or lack thereof provided to the SI after the abuse investigation.
(f) Required conditions and actions resulting from the founded or substantiated abuse that would allow for reinstatement of the SI in the position including but not limited to training, counseling, corrective or disciplinary action, and the SI’s compliance.
(3) 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 alcohol or drug 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) Other information related to criminal activity including charges, arrests, pending indictments, and convictions. Other behavior involving contact with law enforcement may also be reviewed if information is relevant to other criminal records or shows a pattern relevant to criminal history. Consideration of these activities and behaviors are only allowed for SIs listed in OAR 407-007-0281 (Potentially Disqualifying Convictions)(1).

(g)

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 407-007-0281 (Potentially Disqualifying Convictions)(2)(c), 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.
(h) Changes in circumstances subsequent to the potentially disqualifying convictions or 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, including Department client employers.
(i) 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.
(4) BCU shall consider the relevancy of the SI’s potentially disqualifying convictions or conditions to the paid or volunteer position, or to the environment in which the SI will reside, work, or visit.

Source: Rule 407-007-0300 — Weighing Test, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=407-007-0300.

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 407-007-0300’s source at or​.us