1. (1) The Department will close a preliminary or final fitness determination as incomplete when:

   1. (a) Circumstances change so that a person no longer meets the definition of a “subject individual” under OAR 137-007-0220;
   2. (b) The subject individual does not provide materials or information under OAR 137-007-0230(1) within the timeframes established under that rule;
   3. (c) An authorized designee cannot locate or contact the subject individual;
   4. (d) The subject individual fails or refuses to cooperate with an authorized designee’s attempts to acquire other relevant information under OAR 137-007-0260(2);
   5. (e) The Department determines that the subject individual is not eligible or not qualified for the position of employee, volunteer, or contractor for a reason unrelated to the fitness determination process; or
   6. (f) The position is no longer open.
2. (2) A subject individual does not have a right to a contested case hearing under OAR 137-007-0300 to challenge the closing of an incomplete 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