1. (1) Crimes Relevant to a Fitness Determination:

   1. (a) All felonies;
   2. (b) All Class A misdemeanors;
   3. (c) ORS 167.315 (Animal Abuse II); 167.325 (Animal Neglect II); 418.630 (operating uncertified foster home); and 418.250(1) (relating to the supervision of child-care agencies);
   4. (d) Any crime, in the State of Oregon or in any other jurisdiction, that is the substantial equivalent of any of the crimes listed in this subsection (1)(c), as determined by the Department;
   5. (e) Any United States Military crime or international crime;
   6. (f) Any crime of attempt, solicitation or conspiracy to commit a crime listed in this section (1) pursuant to ORS 161.405, 161.435, or 161.450;
   7. (g) Any crime based on criminal liability for conduct of another pursuant to ORS 161.155, when the underlying crime is listed in this section (1).
2. (2) Evaluation Based on Oregon and Other Laws. An authorized designee shall evaluate a crime on the basis of Oregon laws and, if applicable, federal laws or the laws of any other jurisdiction in which a criminal records check indicates a subject individual may have committed a crime, as those laws are in effect at the time of the fitness determination.

Statutory/Other Authority

ORS 181.534 & 180.267

Statutes/Other Implemented

ORS 181.534(9)

History

DOF 6-2007, f. & cert ef. 9-5-07