1. (1) The Department may close a final fitness determination as incomplete when:

   1. (a) Circumstances change so that an applicant is no longer subject to OAR 836-072-0001 to 836-072-0045;
   2. (b) The applicant does not provide materials or information under OAR 836-072-0020 within the time required under that rule;
   3. (c) An authorized designee cannot locate or contact the applicant;
   4. (d) The applicant fails or refuses to cooperate with an authorized designee’s attempts to acquire other criminal records information under OAR 836-072-0015; or
   5. (e) The Department determines that the applicant is not eligible or not qualified for the license for a reason unrelated to the fitness determination process.
2. (2) An applicant does not have a right to a contested case hearing under OAR 836-072-0035 to challenge the closing of a fitness determination as incomplete.

Statutory/Other Authority

ORS 181.534, 705.135 & 731.244

Statutes/Other Implemented

ORS 181.534, 705.141, 744.001, 744.059 & 744.326

History

ID 19-2008, f. & cert. ef 12-10-08