OAR 416-800-0041
Preliminary Fitness Determination
(1)
OYA may conduct a preliminary Fitness Determination if it is interested in hiring or appointing a Subject Individual on a preliminary basis, pending a final Fitness Determination.(2)
If OYA elects to make a preliminary Fitness Determination about a Subject Individual, pending a final Fitness Determination, OYA will make a preliminary Fitness Determination about a Subject Individual based on information disclosed by the Subject Individual and a computerized Criminal Records Check.(3)
OYA may approve a Subject Individual as fit on a preliminary basis if OYA has no reason to believe that the Subject Individual has made a False Statement and the information available to OYA does not disclose that the Subject Individual:(a)
Has pled nolo contendere (or no contest) to, been convicted of, found guilty except for insanity (or comparable disposition) of, or has a pending indictment for a crime listed under OAR 416-800-0055 (Types of Crimes Relevant to a Fitness Determination).(b)
Is being investigated for, has been arrested for, has an outstanding warrant for, or has been charged with a crime listed under OAR 416-800-0055 (Types of Crimes Relevant to a Fitness Determination).(c)
Is currently on probation, parole, or any form of post-prison supervision for a crime listed in OAR 416-800-0055 (Types of Crimes Relevant to a Fitness Determination).(d)
Has a deferred sentence or conditional discharge in connection with a crime listed in OAR 416-800-0055 (Types of Crimes Relevant to a Fitness Determination).(e)
Has been adjudicated in a juvenile court and found to be within the court’s jurisdiction for an offense that would have constituted a crime listed in OAR 416-800-0055 (Types of Crimes Relevant to a Fitness Determination) if committed by an adult.(4)
A Subject Individual may not appeal a preliminary Fitness Determination under the process described in OAR 416-800-0080 (Appealing a Fitness Determination).
Source:
Rule 416-800-0041 — Preliminary Fitness Determination, https://secure.sos.state.or.us/oard/view.action?ruleNumber=416-800-0041.