OAR 845-002-0240
Preliminary Fitness Determination
(1)
An authorized designee may conduct a preliminary fitness determination if the Commission is interested in hiring or appointing a subject individual on a preliminary basis, pending a final fitness determination.(2)
An authorized designee shall make a preliminary fitness determination about a subject individual based on information disclosed by the subject individual under OAR 845-002-0230 (Criminal Records Check Process)(1) and a LEDS criminal records check.(3)
The authorized designee shall approve a subject individual as fit on a preliminary basis if the authorized designee has no reason to believe that the subject individual has made a false statement and the information available to the authorized designee does not disclose that the subject individual:(a)
Has been convicted of, found guilty except for insanity (or comparable disposition) of, or has a pending indictment for a crime listed or described under OAR 845-002-0270 (Potentially Disqualifying Crimes);(b)
Within the last five years, has been arrested for or charged with a crime listed or described under OAR 845-002-0270 (Potentially Disqualifying Crimes);(c)
Is being investigated for, or has an outstanding warrant for a crime listed or described under OAR 845-002-0270 (Potentially Disqualifying Crimes);(d)
Is currently on probation, parole, or another form of post-prison supervision for a crime listed or described under OAR 845-002-0270 (Potentially Disqualifying Crimes);(e)
Has a deferred sentence or conditional discharge or is participating in a diversion program in connection with a crime listed or described under OAR 845-002-0270 (Potentially Disqualifying Crimes); or(f)
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 or described under OAR 845-002-0270 (Potentially Disqualifying Crimes).(4)
If the information available to the authorized designee discloses one or more of the circumstances identified in section (3), the authorized designee may nonetheless 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 Commission, its client entities, the State, or members of the public.(5)
If a subject individual is either approved or denied on the basis of a preliminary fitness determination, an authorized designee thereafter shall conduct a fitness determination under OAR 845-002-0260 (Final Fitness Determination).(6)
A subject individual may not appeal a preliminary fitness determination, under the process provided under OAR 845-002-0300 (Appealing a Fitness Determination) or otherwise.
Source:
Rule 845-002-0240 — Preliminary Fitness Determination, https://secure.sos.state.or.us/oard/view.action?ruleNumber=845-002-0240.