OAR 863-003-0030
Preliminary Fitness Determination

(1)

The Agency may conduct a preliminary fitness determination if the Agency is interested in hiring or appointing a subject individual on a preliminary basis, pending a final fitness determination.

(2)

If the Agency elects to make a preliminary fitness determination about a subject individual, pending a final fitness determination, the Agency shall make a preliminary fitness determination about a subject individual based on information disclosed by the subject individual under OAR 863-003-0020 (Criminal Records Check Process), and a LEDS Computerized Criminal History Check.
(3) The Agency shall 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 Agency does not disclose that the subject individual:
(a) Pled nolo contendere (or no contest) to, was convicted of, was found guilty except for insanity (or comparable disposition) of, or has a pending indictment for a crime listed under OAR 863-003-0060 (Crimes Relevant to a Criminal Background Fitness Determination);
(b) Is being investigated for, has an outstanding warrant for, or has been charged with a crime listed under OAR 863-003-0060 (Crimes Relevant to a Criminal Background Fitness Determination);
(c) Is currently on probation, parole, or any form of post-prison supervision for a crime listed OAR 863-003-0060 (Crimes Relevant to a Criminal Background Fitness Determination);
(d) Has a deferred sentence or conditional discharge in connection with a crime listed under OAR 863-003-0060 (Crimes Relevant to a Criminal Background Fitness Determination); or
(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 863-003-0060 (Crimes Relevant to a Criminal Background Fitness Determination) if committed by an adult.
(4) If the information available to the Agency discloses one or more of the circumstances identified in section (3), the Agency may approve a subject individual for hiring or appointment on a preliminary basis if the Agency concludes, after evaluating all available information and considering the factors in OAR 863-003-0050 (Final Fitness Determination)(1), that hiring or appointing the subject individual on a preliminary basis does not pose any risk of harm to the Agency, 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, the Agency shall conduct a final fitness determination under OAR 863-003-0050 (Final Fitness Determination)(1).
(6) A subject individual may not appeal a preliminary fitness determination.

Source: Rule 863-003-0030 — Preliminary Fitness Determination, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=863-003-0030.

Last Updated

Jun. 8, 2021

Rule 863-003-0030’s source at or​.us