Or. Admin. R. 813-004-0270 – Incomplete Fitness Determination

(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 813-004-0220.
2. (b) The subject individual does not submit materials or information within the time required under OAR 813-004-0230(1);
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 813-004-0260(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) A subject individual does not have a right to a contested case hearing under OAR 813-004-0290(2) or a right to an alternative appeals process as provided by OAR 813-004-0290(6) to challenge the closing of a fitness determination as incomplete.

ORS 181.534 & 456.135

ORS 181.534 & 456.569