Current through Register Vol. 63, No. 9, September 1, 2024
(1)
Appointment.
(a) The Department Director or
the Director's designee shall designate positions within the Human Resources
Unit of the department as including the responsibilities of an authorized
designee.
(b) Appointment to one of
the designated positions shall be contingent upon an individual being approved
under the department's criminal records check and fitness determination
process.
(c) Appointments shall be
made by the Department Director or the Director's designee at his or her
discretion.
(2) The
Department Director and Deputy Director may also serve as authorized designees,
contingent on being approved under the department's criminal records check and
fitness determination process.
(3)
Conflict of Interests. An authorized designee shall not participate in a
fitness determination or review any information associated with a fitness
determination for a subject individual if either of the following is true:
(a) The authorized designee is related to the
subject individual; or
(b) The
authorized designee has a financial or close personal relationship with the
subject individual. If an authorized designee is uncertain of whether a
relationship with a subject individual qualifies as a financial or close
personal relationship under this subsection (3)(b), the authorized designee
shall consult with his or her supervisor prior to taking any action that would
violate this rule if such a relationship were determined to exist.
(4) Termination of Authorized
Designee Status.
(a) When an authorized
designee's employment in a designated position ends, his or her status as an
authorized designee is automatically terminated.
(b) The department shall suspend or terminate
a department employee's appointment to a designated position within the
department's Human Resources Unit, and thereby suspend or terminate his or her
status as an authorized designee, if the employee fails to comply with these
rules in conducting criminal records checks and fitness
determinations.
(c) An authorized
designee shall immediately report to his or her supervisor if he or she is
arrested for or charged with, is being investigated for, or has an outstanding
warrant or pending indictment for a crime listed in OAR 125-007-0270. Failure
to make the required report is grounds for termination of the individual's
appointment to a designated position within the Human Resources Unit, and
thereby termination of his or her status as an authorized designee.
(d) The department will review and update an
authorized designee's eligibility for service in a designated position within
the Human Resources Unit, during which a new criminal records check and fitness
determination may be required:
(A) Every
three years; or
(B) At any time the
department has reason to believe that the authorized designee has violated
these rules or no longer is eligible to serve in his or her current position
within the Human Resources Unit.
(5) A denial under OAR 125-007-0260 related
to a designated position within the Human Resources Unit is subject to the
appeal rights provided under OAR 125-007-0300.
Statutory/Other Authority: ORS
181A.195 &
305.078
Statutes/Other Implemented: ORS
181A.195
