Or. Admin. R. 837-007-0270
To contest a denial, a Subject Individual will follow the steps below:
(1) A Subject Individual may choose to appeal a fitness determination under the process made available by this rule. The Department provides the Subject Individual an informal meeting with the Human Resources Director to allow Subject Individual to provide additional or corrected information provided by the Oregon Department of State Police, the Federal Bureau of Investigation, or an agency reporting information to the Oregon Department of State Police or the Federal Bureau of Investigation. The Department will conduct a new criminal records check, Weigh Test and re-evaluate the original fitness determination made under OAR 837-007-0250.
(2) Office of Administrative Hearings (OAH): If the informal meeting with Human Resources results in a denial, the Subject Individual will be offered the option of a contested case hearing in the notice provided by the Department. To request a contested case hearing, the Subject Individual or the Subject Individual’s legal representative shall submit a written request for a contested case hearing as outlined in the notice provided under OAR 837-007-0250(4), within the time required by law.
(3) When the fitness determination is performed as part of the Department’s final determination of the appeal process, the only remedy awarded is a determination the Subject Individual is fit or not fit. Under no circumstances shall the Department be required to place a Subject Individual in any position or be required to accept services or enter into a contractual agreement with a Subject Individual.
(4) The Department will not be required to delay or postpone the Department’s hiring process or employment decision pending the appeal decision of a final fitness determination.
ORS 181A.195 & 2024 Senate Bill 1510
ORS 181A.195(9)