(1) Commission will close a preliminary or final fitness determination as incomplete when:
- (a) Circumstances change so that a person no longer meets the definition of a "subject individual" under OAR 585-005-0020(14);
- (b) The subject individual does not provide materials or information under OAR 585-005-0030 (1) within the timeframes established under that rule;
- (c) An authorized designee cannot locate or contact the subject individual;
- (d) The subject individual fails or refuses to cooperate with the Executive Director or an authorized designee's attempts to acquire other relevant information under OAR 585-005-0045(2);
- (e) Commission 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
- (f) The position is no longer open.
- (2) A subject individual does not have a right to a contested case hearing under OAR 585-005-0060 to challenge the closing of an incomplete fitness determination.
Statutory/Other Authority
ORS 346.300 & ORS 181A.195
Statutes/Other Implemented
ORS 346.300 & ORS 181A.195
History
CFTB 2-2021, amend filed 02/23/2021, effective 02/24/2021
CFTB 2-2009, f. & cert. ef. 6-11-09