Current through Register Vol. 63, No. 3, March 1, 2024
(1)
Appointment.
(a) The Commission Administrator
or the Administrator's designee shall designate positions within the Human
Resources Unit and the Enforcement & Compliance Unit 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
Commission's criminal records check and fitness determination
process.
(c) Appointments shall be
made by the Commission Administrator or the Administrator's designee at his or
her discretion.
(2) The
Commission Administrator and Deputy Administrator may also serve as authorized
designees, contingent on being approved under the Commission'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 related to 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) 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 or described under
OAR 845-002-0270. Failure to make the required report is grounds for
termination of his or her status as an authorized designee.
(c) The Commission must suspend or terminate
the appointment as an authorized designee if the authorized designee fails to
comply with the rules of the Commission or fails to continue to meet the
qualifications for the status of authorized designee, as applicable.
(d) A termination of authorized designee
status due to a Final Fitness Determination is not subject to hearing rights
under these rules unless the termination results in loss of employment or
position, in which case they have the same hearing rights related to Fitness
Determinations as other subject individuals under these rules.
(5) Review of Appointment. The
Commission will develop a procedure to review and update appointments of
authorized designees, up to and including a new application and criminal
records check, to assure that all requirements of this rule are met:
(a) Every three years; or
(b) If the Commission has reason to believe
the person no longer meets the qualifications to be an authorized designee,
such as but not limited to, any indication of criminal behavior.
Stat. Auth.: ORS
181.534,
471.030,
471.040 &
471.730
Stats. Implemented: ORS
181.534 &
471.695
