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 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 sole
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 a family
member of 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
(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, and thereby suspend or terminate his
or her status as an authorized designee, if the employee fails to comply with
OAR 471-007-0200 through
471-007-0290 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 Department, 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 Department. As part of a review or update, 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 Department.
(5) A denial under OAR
125-007-0260 related to a
designated position within the Department is subject to the appeal rights
provided under OAR 125-007-300.
Stat. Auth.: ORS
181A.195,
181A.200
Stats. Implemented: ORS
181A.195
