(a)The Department Director or the Director’s designee shall designate positions within the Department as including the responsibilities of an authorized designee.
(b)Appointment to one of the designated positions shall be contingent upon an individual being approved under the Department’s criminal records check and fitness determination process.
(c)Appointments shall be made by the Department Director or the Director’s designee at his or her sole discretion.
(2)The Department Director and Deputy Director may also serve as authorized designees, contingent on being approved under the Department’s criminal records check and fitness determination process.
(3)Conflict of Interests. An authorized designee shall not participate in a fitness determination or review any information associated with a fitness determination for a subject individual if either of the following is true:
(a)The authorized designee is a family member of the subject individual; or
(b)The authorized designee has a financial or close personal relationship with the subject individual. If an authorized designee is uncertain of whether a relationship with a subject individual qualifies as a financial or close personal relationship under this subsection (b), the authorized designee shall consult with his or her supervisor prior to taking any action that would violate this rule if such a relationship were determined to exist.
(4)Termination of Authorized Designee Status.
(a)When an authorized designee’s employment in a designated position ends, his or her status as an authorized designee is automatically terminated.
(b)The Department shall suspend or terminate a Department employee’s appointment to a designated position within the Department, and thereby suspend or terminate his or her status as an authorized designee, if the employee fails to comply with OAR 471-007-0200 (Statement of Purpose and Statutory Authority) through 471-007-0290 in conducting criminal records checks and fitness determinations.
(c)An authorized designee shall immediately report to his or her supervisor if he or she is arrested for or charged with, is being investigated for, or has an outstanding warrant or pending indictment for a crime listed in OAR 125-007-0270 (Crimes Considered). Failure to make the required report is grounds for termination of the individual’s appointment to a designated position within the Department, and thereby termination of his or her status as an authorized designee.
(d)The Department will review and update an authorized designee’s eligibility for service in a designated position within the Department. As part of a review or update, a new criminal records check and fitness determination may be required:
(A)Every three years; or
(B)At any time the Department has reason to believe that the authorized designee has violated these rules or no longer is eligible to serve in his or her current position within the Department.
(5)A denial under OAR 125-007-0260 (Final Fitness Determination) related to a designated position within the Department is subject to the appeal rights provided under OAR 125-007-300.
Rule 471-007-0300 — Authorized Designees,