OAR 407-007-0440
Current Employees of the Department

(1)

This rule applies to any SI who is a current Department employee.

(2)

If an SI is identified as an alleged perpetrator, reported perpetrator, or accused person in an abuse investigation, all relevant abuse investigation and licensing rules shall apply.

(3)

The Department shall apply relevant program administrative due process policies if the SI is identified as responsible in a founded or substantiated abuse investigation.

(4)

If a current SI is identified as an alleged perpetrator, reported perpetrator, or accused person in an abuse investigation, the Office of Human Resources may initiate an investigation during or following the investigation of the alleged abuse to determine whether to take any action, up to and including dismissal from employment.

(a)

If the abuse investigation results in potentially disqualifying abuse, the Office of Human Resources shall initiate an investigation which may include initiating a new abuse check and conducting a weighing test as described in OAR 407-007-0430 (Applicants to the Department). The purpose of the investigation is to determine whether any action, up to and including dismissal, is justified.

(b)

If the Office of Human Resources learns of potentially disqualifying abuse from previous investigations, the Office of Human Resources may initiate an investigation, to determine fitness for the position, which may include initiating a new abuse check and conducting a weighing test as described in OAR 407-007-0430 (Applicants to the Department). The purpose of the investigation is to determine whether any action, up to and including dismissal is justified.

(c)

For Department employees, if disciplinary action up to and including dismissal, is appropriate, the action shall be taken in accordance with:

(A)

Relevant collective bargaining agreements;

(B)

Statutory provisions for unrepresented or management services employees; or

(C)

Relevant Department or statewide policies or procedures.

(5)

A pending related action, such as a civil, criminal, juvenile, or administrative proceeding in which the allegations of abuse are at issue shall not automatically be grounds for the SI to seek to detain or stay either the review of the founded or substantiated disposition or any resulting disciplinary action. The Department may detain or stay either the review of the founded or substantiated abuse disposition or any resulting disciplinary action based on the pending related action such as a civil, criminal, juvenile, or administrative proceeding in which the allegations of abuse are at issue.

Source: Rule 407-007-0440 — Current Employees of the Department, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=407-007-0440.

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 407-007-0440’s source at or​.us