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 274-006-0004.
   2. (b) The subject individual does not submit materials or information within the time required under OAR 274-006-0005(3);
   3. (c) The Department cannot locate or contact the subject individual;
   4. (d) The subject individual fails or refuses to cooperate with the Department’s attempts to acquire other criminal records information under OAR 274-006-0011(2); or
   5. (e) The Department determines that the subject individual is not eligible or not qualified for the position (of employee, contractor, vendor or volunteer) for a reason unrelated to the fitness determination process.
   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 274-006-0018(2) or a right to an alternative appeals process as provided by OAR 274-006-0018(6) to challenge the closing of a fitness determination as incomplete.

Statutory/Other Authority

ORS 181.534 & 2009 SB 94

Statutes/Other Implemented

ORS 181.534 & 2009 SB 94

History

DVA 1-2009, f. 12-22-09 cert. ef. 1-1-10