OAR 407-007-0315
Hired on a Preliminary Basis

(1) A preliminary fitness determination is required to determine if an SI may participate in training or orientation, work, volunteer, or otherwise perform in the position listed on the background check request prior to a final fitness determination. An SI may not be hired on a preliminary basis prior to the completion of a preliminary fitness determination.
(2) An SI may be hired on a preliminary basis only during the period of time prior to a final fitness determination and into the position listed on the background check request.
(3) The SI must provide information required for a background check request and the QED must review the information.
(4) The QED shall make one of the following determinations:
(a) If the SI makes no disclosures of criminal history, the QED may hire the SI on a preliminary basis in accordance with relevant program rules, QE policies, Oregon statutes, or federal directives.
(b) If the SI discloses any criminal history and all of the history occurred outside the five year period from the date the SI manually or electronically signed the background check request, the QED may hire the SI on a preliminary basis in accordance with relevant program rules, QE policies, Oregon statutes, or federal directives.
(c) If the SI indicates any criminal history occurring within the five year period from the date the SI manually or electronically signed the background check request:
(A) The QED may allow the SI to be hired on a preliminary basis if the disclosed criminal history has the outcome of “dismissed,” “no complaint filed,” “expunged,” or other outcome that BCU determines is not adverse.
(B) The QED may not allow the SI to be hired on a preliminary basis if the disclosed criminal history has an outcome of “pending outcome,” “diversion or conditional discharge,” “convicted,” “on probation,” “juvenile adjudication,” “unknown,” or other outcome that BCU determines is adverse.
(5) The QED shall submit the background check request to BCU immediately upon verification of the SI’s identity, the SI’s completion of the background check request, and the QED’s completion of the preliminary fitness determination.
(6) If requested by the QED, BCU may review a newly submitted background check request when the SI’s disclosed criminal history prevents hiring on a preliminary basis. For example:
(a)BCU may review the background check request for disclosed criminal history that caused BCU’s background check online system to not allow hiring on a preliminary basis. If BCU does not find any potentially disqualifying convictions or conditions in the SI’s disclosures and update the SI’s status accordingly; or
(b)If the SI has disclosed potentially disqualifying convictions or conditions, BCU may conduct a preliminary fitness determination pursuant to OAR 125-007-0250 (Hiring or Appointing on a Preliminary Basis) with a weighing test.
(7) The QE may not hire a SI on a preliminary basis under any of the following circumstances:
(a) Being hired on a preliminary basis or probationary status is not allowed under program rules, Oregon statutes, or federal directives.
(b) The SI has disclosed criminal history occurring within the past five years that has an outcome of “pending outcome,” “diversion or conditional discharge,” “convicted,” “on probation,” “juvenile adjudication,” “unknown” or other outcome BCU determines to be adverse and the QE has not requested a review by BCU as indicated in section (6) of this rule resulting in the QE being allowed to hire the SI on a preliminary basis.
(c) The QE or BCU determines that:
(A) More likely than not, the SI poses a potential threat to vulnerable individuals, based on a preliminary fitness determination and weighing test;
(B) The SI’s most recent background check under these rules or other Department or Authority criminal records check rules or abuse check rules resulted in a denial; or
(C) The SI is currently involved in contesting a background check under these or other Department or Authority criminal records check rules or abuse check rules; or
(D) BCU has reason to believe hiring on a preliminary basis is not appropriate based on circumstances or compliance with the background check process of the SI, QED, or QE.
(d) An outcome of no hiring on a preliminary basis may only be overturned by the BCU.
(8) An SI hired on a preliminary basis shall be actively supervised at all times unless sections (9) or (10) of this rule apply.
(a) The individual providing active supervision at all times shall do the following:
(A) Be in the same building as the SI or, if outdoors of QE buildings or any location off the QE property, be within line-of-sight and hearing, except as provided in section (8)(b)(B) of this rule;
(B) Know where the SI is and what the SI is doing; and
(C) Periodically observe the actions of the SI.
(b) The individual providing the active supervision may be either:
(A) An SI who has been approved without restrictions pursuant to these rules or previous Department or Authority criminal records check rules; or
(B) The adult client, an adult client’s adult relation, the client’s legal representative, or a child’s parent or guardian. Active supervision by these individuals is appropriate in situations where care is given directly to clients usually in a home such as but not limited to in-home care, home health, or care by home care workers, personal care assistants, or child care providers.
(i) The adult client may actively supervise a homecare worker, personal care services provider, independent provider, or an employee of an in-home care agency or home health agency if the client makes an informed decision to employ the provider. Someone related to the client may also provide active supervision if the relative has been approved by the Department, the Authority, the QED, or the private-pay client receiving services through an in-home care or home health agency.
(ii) A child client’s parent or guardian shall be responsible for providing active supervision in the case of child care providers. The supervision is not required to be performed by someone in the same building as the child.
(9) An SI allowed to work on a preliminary basis is exempt from active supervision if SI is working under an approved background check and is currently going through a recheck required by program rules or OAR 407-007-0600 (Purpose) to 407-007-0640 (Access and Release of Information) unless there is evidence of potentially disqualifying convictions or conditions within the previous 24 months. If BCU finds evidence of criminal activity or potentially disqualifying abuse within the previous 24 months, BCU may revoke working on a preliminary basis.
(10) An SI approved without restrictions within the previous 24 months through a documented criminal records check or abuse check pursuant to these rules or prior Department or Authority criminal records check rules or abuse check rules may be hired on a preliminary basis without active supervision. Twenty-four months is calculated from date of previous approval to the date of hire in the new position. Exemption from active supervision is not allowed in any of the following situations:
(a) If the SI cannot provide documented proof that he or she worked continuously under the previous approval for at least one year.
(b) If there is evidence of potentially disqualifying convictions or conditions within the previous 24 months.
(c) If, as determined by the QE or BCU, the job duties in the new position are so substantially different from the previous position that the previous fitness determination is inadequate for the current position.
(11) Revocation of hired on a preliminary basis is not subject to hearing or appeal. The QE or BCU may immediately revoke hired on a preliminary basis for either of the following reasons:
(a) There is any indication of falsification of the background check application.
(b) The QE or BCU determines that allowing the SI to be hired on a preliminary basis is not appropriate, based on the application, criminal record, position duties, or Department program rules.
(12) Nothing in this rule is intended to require that an SI who is eligible to be hired on a preliminary basis be allowed to work, volunteer, be employed, or otherwise perform in the position listed on the background check request prior to a final fitness determination.
(13) Preliminary fitness determinations must be documented in writing, including any details regarding a weighing test, if required.

Source: Rule 407-007-0315 — Hired on a Preliminary Basis, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=407-007-0315.

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 407-007-0315’s source at or​.us