OAR 736-002-0050
Preliminary Fitness Determination.


(1)

An authorized designee may conduct a preliminary fitness determination if the Department is interested in hiring or appointing a subject individual on a preliminary basis, pending a final fitness determination.

(2)

If an authorized designee elects to make a preliminary fitness determination under section (1), the authorized designee shall make that preliminary fitness determination based on information disclosed by the subject individual under OAR 736-002-0042 (Criminal Records Check Process)(1) and a LEDS criminal records check in accordance with OAR 125-007-0250 (Hiring or Appointing on a Preliminary Basis).

(3)

The authorized designee may approve a subject individual as fit, on a preliminary basis, if the authorized designee has no reason to believe the subject individual has made a false statement and the information available to the authorized designee does not disclose that the subject individual has any potentially disqualifying crimes in accordance with OAR 125-007-0270 (Crimes Considered).

(4)

If the information available to the authorized designee discloses one or more of the circumstances identified in OAR 125-007-0270 (Crimes Considered), the authorized designee may approve a subject individual as fit on a preliminary basis, if the authorized designee concludes, after evaluating all available information, that hiring or appointing the subject individual on a preliminary basis does not pose a risk of harm to the Department, its client entities, the State, or members of the public.

(5)

If a subject individual is determined to be fit or unfit to work/volunteer on the basis of a preliminary fitness determination, an authorized designee shall conduct a final fitness determination under OAR 125-007-0260 (Final Fitness Determination).

(6)

A subject individual may not appeal a preliminary fitness determination.

Source: Rule 736-002-0050 — Preliminary Fitness Determination., https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=736-002-0050.

Last Updated

Jun. 8, 2021

Rule 736-002-0050’s source at or​.us