Oregon Administrative Rules
Chapter 167 - SECRETARY OF STATE, BUSINESS SERVICES DIVISION
Division 50 - CRIMINAL RECORDS CHECK RULES
Section 167-050-0150 - Preliminary Fitness Determination

Universal Citation: OR Admin Rules 167-050-0150

Current through Register Vol. 63, No. 9, September 1, 2024

(1) The Secretary of State may conduct a preliminary fitness determination if the Secretary of State is interested in hiring or appointing a subject individual on a preliminary basis, pending a final fitness determination.

(2) If the Secretary of State elects to make a preliminary fitness determination about a subject individual, pending a final fitness determination, the Secretary of State shall make that determination of the basis of any information disclosed by the subject individual and on an Oregon Criminal Records Check.

(3) The Secretary of State shall approve a subject individual as fit on a preliminary basis if the Secretary of State has no reason to believe that the subject individual has made a false statement and the information available to the Secretary of State does not disclose that the subject individual:

(a) Has pled nolo contendere (or no contest) to, been convicted of, found guilty except for insanity (or comparable disposition) of, or has a pending indictment for a crime listed under OAR 167-050-0140;

(b) Has been arrested for or charged with a crime listed under OAR 167-050-0140;

(c) Is being investigated for, or has an outstanding warrant for a crime listed under OAR 167-050-0140;

(d) Is currently on probation, parole, or any form of post-prison supervision for a crime listed under OAR 167-050-0140;

(e) Has a deferred sentence or conditional discharge in connection with a crime listed under OAR 167-050-0140;

(f) Has been adjudicated in a juvenile court and found to be within the court's jurisdiction for an offense that would have constituted a crime listed in OAR 167-050-0140 if committed by an adult; or

(g) Has made a false statement.

(4) If the information available to the Secretary of State discloses one or more of the circumstances identified in subsection (3), the Secretary of State may nonetheless approve a subject individual as fit on a preliminary basis if the Secretary of State concludes, after evaluating all available information, that hiring or appointing the subject individual on a preliminary basis does not pose any risk of harm to the Secretary of State, its client entities, the State, or members of the public.

(5) If a subject individual is either approved or denied on the basis of a preliminary fitness determination, the Secretary of State thereafter shall conduct a fitness determination under OAR 167-050-0170.

Stat. Auth.: ORS 181.534 & 177.075

Stats. Implemented: ORS 181.534(9)

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