1. (1) The Commission 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 845-002-0220;
   2. (b) The subject individual does not provide materials or information under OAR 845-002-0230(1) within the timeframes established under that rule;
   3. (c) An authorized designee cannot locate or contact the subject individual;
   4. (d) The subject individual fails or refuses to cooperate with an authorized designee’s attempts to acquire other criminal records information under OAR 845-002-0260(2); or
   5. (e) The Commission 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.
2. (2) A subject individual does not have a right to a contested case hearing under OAR 845-002-0300 to challenge the closing of an incomplete fitness determination.

Statutory/Other Authority

ORS 181.534 & 471.030, 471.040 & 471.730

Statutes/Other Implemented

ORS 181.534 & 471.695

History

OLCC 10-2008, f. 8-18-08, cert. ef. 9-1-08