1. (1) An authorized designee or contact person may conduct a preliminary fitness determination if the Department is interested in hiring or appointing an SI on a preliminary basis, pending a final fitness determination.
2. (2) If an authorized designee elects to make a preliminary fitness determination about an SI, pending a final fitness determination, the authorized designee or contact person must make that preliminary fitness determination in accordance with OAR 125-007-0250.
3. (3) The authorized designee or contact person must approve an SI as fit, on a preliminary basis, if the authorized designee or contact person has no reason to believe the SI has made a false statement and the information available to the authorized designee or contact person does not identify the SI has any potentially disqualifying crimes in accordance with OAR 125-007-0270.
4. (4) If the information available to the authorized designee discloses one or more of the circumstances identified in section (3), the authorized designee may approve an SI on a preliminary basis, if the authorized designee concludes, after evaluating all available information, hiring or appointing the SI on a preliminary basis does not pose a risk of harm to the Department, its client entities, the State, or members of the public.
5. (5) If an SI is either approved or denied on the basis of a preliminary fitness determination, an authorized designee must conduct a fitness determination under OAR 125-007-0260.
6. (6) An SI may not appeal a preliminary fitness determination.

Statutory/Other Authority

ORS 181A.195 & 469.055

Statutes/Other Implemented

ORS 181A.195 & 469.055

History

DOE 3-2017, f. & cert. ef. 5-8-17
DOE 5-2007, f. & cert. ef. 12-13-07