1. (1) OYA may conduct a preliminary Fitness Determination if it is interested in hiring or appointing a Subject Individual on a preliminary basis, pending a final Fitness Determination.
2. (2) If OYA elects to make a preliminary Fitness Determination about a Subject Individual, pending a final Fitness Determination, OYA will make a preliminary Fitness Determination about a Subject Individual based on information disclosed by the Subject Individual and a computerized Criminal Records Check.

3. (3) OYA may approve a Subject Individual as fit on a preliminary basis if OYA has no reason to believe that the Subject Individual has made a False Statement and the information available to OYA does not disclose that the Subject Individual:

   1. (a) Has pled nolo contendere (or no contest) to, been convicted of, found guilty except for insanity (or comparable disposition) of, or has a pending indictment for a crime listed under OAR 416-800-0055.
   2. (b) Is being investigated for, has been arrested for, has an outstanding warrant for, or has been charged with a crime listed under OAR 416-800-0055.
   3. (c) Is currently on probation, parole, or any form of post-prison supervision for a crime listed in OAR 416-800-0055.
   4. (d) Has a deferred sentence or conditional discharge in connection with a crime listed in OAR 416-800-0055.
   5. (e) Has been adjudicated in a juvenile court and found to be within the court’s jurisdiction for an offense that would have constituted a crime listed in OAR 416-800-0055 if committed by an adult.
4. (4) A Subject Individual may not appeal a preliminary Fitness Determination under the process described in OAR 416-800-0080.

Statutory/Other Authority

ORS 420A.021

Statutes/Other Implemented

ORS 420A.010, 420A.020 & 420A.021

History

OYA 6-2015, f. & cert. ef. 10-7-15
OYA 3-2010, f. 6-10-10 cert. ef. 6-25-10