1. (1) The Department may conduct a preliminary fitness determination if the Department is interested in hiring or appointing a subject individual on a preliminary basis, pending a final fitness determination.
2. (2) If the Department elects to make a preliminary fitness determination about a subject individual, pending a final fitness determination, the Department shall make a preliminary fitness determination about a subject individual based on information disclosed by the subject individual under OAR 635-600-0015(1) and a LEDS Criminal History Check.

3. (3) The Department shall approve a subject individual as fit on a preliminary basis if the authorized designee has no reason to believe [that ]the subject individual has made a false statement and the information available to the Department 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 635-600-0035;
   2. (b) Is being investigated for, has an outstanding warrant for, or has been charged with a crime listed under OAR 635-600-0035;
   3. (c) Is currently on probation, parole, or any form of post-prison supervision for a crime listed under OAR 635-600-0035;
   4. (d) Has a deferred sentence or conditional discharge in connection with a crime listed under OAR 635-600-0035; or
   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 635-600-0035 if committed by an adult.
4. (4) If the information available to the Department discloses one or more of the circumstances identified in section (3), the Department may approve a subject individual on a preliminary basis if the Department concludes, after evaluating all available information and considering the factors in OAR 635-600-0030(1), that hiring or appointing the subject individual on a preliminary basis does not pose any risk of harm to the Department, its client entities, the State, or members of the public.
5. (5) If a subject individual is either approved or denied on the basis of a preliminary fitness determination, the Department shall conduct a final fitness determination under OAR 635-600-0030.
6. (6) A subject individual may not appeal a preliminary fitness determination.

Statutory/Other Authority

ORS 181A.195 & ORS 496.121

Statutes/Other Implemented

ORS 181A.195 & ORS 496.121

History

DFW 20-2018, amend filed 02/14/2018, effective 02/14/2018
DFW 40-2008, f. & cert. ef. 4-24-08