Current through Register Vol. 63, No. 9, September 1, 2024
A subject individual may participate in training, orientation,
and work activities prior to a final fitness determination only under the
following conditions and will be considered to be hired on a preliminary basis:
(1) OSAC Criminal Records Request
Form Completed. An OSAC Criminal Records Request form must have been completed
by the subject individual and reviewed by the authorized designee.
(2) Preliminary Fitness Determination
Required. A preliminary fitness determination must have been completed pursuant
to OAR 575-007-0320.
(3) Active
Supervision. A subject individual who is hired on a preliminary basis must be
actively supervised at all times by someone who is approved pursuant to these
rules.
(a) Duties. The person providing
active supervision at all times must meet all of the following conditions:
(A) Know where the person hired on a
preliminary basis is and what the person is doing; and
(B) Periodically observe the actions of the
person hired on a preliminary basis.
(b) Exemption from Active Supervision. A
subject individual who was approved without restrictions within the previous 24
months through a documented criminal records check pursuant to these rules by
the Commission or by another Oregon public employer or prior Commission
criminal records check rules may be hired on a preliminary basis without active
supervision, provided the subject individual provides proof of having worked
for a sustained period under the previous fitness determination. The Commission
must maintain the documentation. The 24-month time frame is based on the length
of time between the date of previous approval and the date of starting the new
position. This exemption is not allowed:
(A)
If the subject individual discloses criminal history that occurred within the
previous 24 months;
(B) If the
subject individual is currently involved in an appeal under these rules; or
(C) If, as determined by the
authorized designee or the Commission, the job duties in the new position are
so substantially different from the previous position that the previous fitness
determination is inadequate for the current position.
(4) Status Prior to Final Fitness
Determination. Nothing in this rule is intended to require that a subject
individual who is eligible for hire on a preliminary basis be allowed to work,
volunteer, or be trained prior to a final fitness determination.
(5) Termination of Hire on a Preliminary
Basis.
(a) Those subject individuals hired on
a preliminary basis may be terminated by the Commission immediately for the
following reasons:
(A) There is any
indication of falsification of application or other false statement by the
applicant/employee;
(B) The
criminal records check reveals a conviction for any potentially disqualifying
crime not disclosed by the subject individual;
(C) The LEDS check identifies the subject
individual as a "multi-state offender" and the subject individual did not
disclose an out-of-state conviction or arrest;
(D) The subject individual failed to disclose
a conviction or an arrest that did not result in a conviction;
(E) The Commission determines that hiring on
a preliminary basis was not appropriate, based on the application, criminal
history, position duties, or laws or rules applicable to the position.
(b) Termination of the
hire on a preliminary basis is not subject to appeal under these
rules.
Stat. Auth.: ORS 348; Ch. 730 2005 OL, HB. 2157 2005
OL
Stats. Implemented: Ch. 730 2005
OL
