Oregon Administrative Rules
Chapter 736 - PARKS AND RECREATION DEPARTMENT
Division 2 - ADMINISTRATIVE ACTIVITIES
Section 736-002-0058 - Final Fitness Determination

(1) If the Department elects to conduct a criminal records check, an authorized designee shall make a final fitness determination about a subject individual based on information provided by the subject individual under OAR 736-002-0042(1), the criminal records check(s) conducted, if any, and any false statements made by the subject individual.

(2) In making a final fitness determination about a subject individual, an authorized designee shall consider the factors in ORS 181A.195(10)(d) in relation to information provided by the subject individual under OAR 736-002-0042(1), including any criminal offender information, as defined in OAR 125-007-0210, obtained through a criminal records check and other information known by the Depatment.

(3) Possible outcomes of a final fitness determination are provided in OAR 125-007-0260 (2).

(4) Final Fitness Determination. A final fitness determination becomes final unless the affected subject individual appeals by requesting either a contested case hearing or an alternative appeals process as described in OAR 736-002-0102 and OAR 125-007-0300.

(5) Reapplication. A new application received from a subject individual, who has received a final fitness determination and been determined to be unfit for an OPRD position or appointment, will not be considered during the same open recruitment period for the same position or volunteer appointment. The final fitness determination will stand pending the outcome of any appeal. No other recourse is available to the subject individual.