Or. Admin. R. 837-007-0250
An authorized designee shall make a fitness determination using the Department Weight Test Worksheet about a subject individual based on information provided by the subject individual under OAR 837-007-0230, and any criminal records check(s) conducted. False statements and omissions provided by the subject individual may be cause for denial.
(1) Approval. The subject individual is approved to work, obtain certifications, have direct access, or otherwise provide services as defined in OAR 837-007-0210(1).
(2) Denial:
(a) If a fitness determination shows credible evidence of any of the factors identified in the Department Weigh Test Worksheet, an authorized designee concludes that the subject individual acting in the position for which the fitness determination is being conducted would pose a risk of harm to the Department or the State, the authorized designee shall deny the subject individual as not fit for the position.
(b) If a subject individual is denied as not fit, the subject individual may not be employed by or provide services as a volunteer or contractor to the Department in a position covered by OAR 837-007-0220.
(3) Expunged Juvenile Record. Under no circumstances shall a subject individual be denied under these rules on the basis of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262.
(4) If a final fitness determination is denial, the Department shall inform the subject individual of appeal rights via email or US mail to the most current contact information provided by the subject individual.
ORS 181A.195 & 2024 Senate Bill 1510
ORS 181A.195(9)