Current through Register Vol. 63, No. 9, September 1, 2024
(1) Appointment.
(a) The Director or the Director's designee
shall designate the positions that include the responsibilities of an
authorized designee, contact person, or both.
(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) The Director or the
Director's designee has discretion to make an appointment provided for in
subsection (b).
(2) The
Director or the Director's designee may also serve as an authorized designee or
contact person, contingent on being approved under the Department's criminal
records check and fitness determination process.
(3) Conflict of Interests. Authorized
designees and contact persons 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 or contact person
is a family member of the subject individual; or
(b) The authorized designee or contact person
has a financial or close personal relationship with the subject individual. If
an authorized designee or contact person is uncertain of whether a relationship
with a subject individual qualifies as a financial or close personal
relationship under this subsection, the authorized designee or contact person
shall consult with their supervisor prior to taking any action that would
violate this rule if such a relationship were determined to exist.
(4) Termination of Authorized
Designee or Contact Person Status.
(a) When an
authorized designee's or contact person's employment in a designated position
ends, his or her status as an authorized designee or contact person is
automatically terminated.
(b) The
Department shall suspend or terminate a Department employee's appointment to a
designated position, and thereby suspend or terminate their status as an
authorized designee or contact person, if the employee fails to comply with OAR
736-002-0020 through
736-002-0160 and OAR
125-007-0200 to
125-007-0330 in conducting
criminal records checks and fitness determinations.
(c) An authorized designee or contact person
shall immediately report to their supervisor if they are 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 and thereby termination of their status as an
authorized designee or contact person.
(d) The Department will review and update an
authorized designee's and contact person's eligibility for service in a
designated position, at which time a new criminal records check and fitness
determination may be required. This review can occur at any time the Department
has reason to believe the authorized designee or contact person has violated
these rules or is no longer eligible to serve in his or her current
position.
(5) A
determination of being not fit under OAR
125-007-0260(2)(c)(A)
related to a designated position is subject to the appeal rights provided under
OAR 736-002-0102 and
125-007-0300.
Statutory/Other Authority: ORS
181A.195,
184.340,
184.365. & 390.200
Statutes/Other Implemented: ORS
181A.195 &
390.200
