1. (1) The Secretary of State 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;
   2. (b) The subject individual does not respond within a stated period of time to a request from the Secretary of State for corrections to the application, fingerprints, any other information necessary to conduct a criminal records check under these rules, or any information described in OAR 167-050-0175;
   3. (c) The subject individual withdraws the application, leaves the position prior to completion of the check or cannot be located or contacted by the authorized designee;
   4. (d) The subject individual is determined to be ineligible for the position or is not chosen for the position for reasons other than the criminal records check;
   5. (e) The position is no longer open.
2. (2) A subject individual does not have a right to a contested case hearing to challenge the closing of an incomplete fitness determination.

Statutory/Other Authority

ORS 181.534 & 177.075

Statutes/Other Implemented

ORS 181.534(9)

History

BSD 1-2008, f. & cert. ef. 7-16-08