(1) Consideration of Other Information. When
other information is disclosed by the subject individual, or is otherwise known
by the authorized designee, the authorized designee must consider such
information in addition to potentially disqualifying crimes and conditions when
making the fitness determination, including but not limited to:
(a) Circumstances regarding the potentially
disqualifying crimes and conditions. These may include, but are not limited to:
(A) Age of the subject individual at time of
the crime;
(B) Details of incidents
leading to the charges of potentially disqualifying crimes or resulting in
potentially disqualifying conditions;
(C) Facts that support or contradict the
conviction, pending indictment, the making of a false statement, or other
potentially disqualifying condition; or
(D) Consideration of Oregon or federal laws,
regulations, or rules covering the position, facility or employer in regard to
the potentially disqualifying crimes or conditions.
(b) Other Circumstances. The authorized
designee must also consider other factors when relevant information is provided
by the Commission or the subject individual including, but not limited to:
(A) Other information related to criminal
activity including charges, arrests, and convictions. This includes subsequent
commission of another relevant crime and whether the conviction was set aside
and the legal effect of setting aside the conviction;
(B) Periods of incarceration of the subject
individual;
(C) Passage of time
since commission of the crime;
(D)
Parole or probation status;
(E)
Evidence of drug or alcohol issues, including history of use, manufacturing,
delivery, treatment, and rehabilitation;
(F) Evidence of other treatment or
rehabilitation related to criminal activity or other factors listed in this
rule;
(G) Likelihood of repetition
of criminal behavior, including, but not limited to, the subject individual's
acknowledgment and honesty relative to past behavior, patterns of criminal
activity, and whether the subject individual appears to accept responsibility
for past actions, as determined by the authorized designee;
(H) Changes in circumstances subsequent to
the criminal activity or disqualifying condition;
(I) Education;
(J) Work history (employee or volunteer) or
license or certificate history;
(K)
Written recommendations from current or past employer(s);
(L) Indication that criminal history has or
has not been truthfully and fully disclosed to employer;
(M) Indication of the subject individual's
cooperation and honesty during the criminal records check process as described
in these rules.
(c)
Relevancy of History to Position. The relevancy of the subject individual's
criminal history or false statement to the paid or volunteer position, or to
the environment in which the subject individual will work, must be
considered.
