Current through Register Vol. 63, No. 9, September 1, 2024
(1) The Agency shall consider the following
factors in relation to information provided by the subject individual,
including any criminal offender information obtained through a criminal history
check and other information known by the Agency:
(a) The nature of any crime;
(b) The facts that support the conviction or
pending indictment; or that indicate the making of a false statement;
(c) The relevancy, if any, of the crime or
the false statement to the specific requirements of the subject individual's
present or proposed position, services, or employment; and
(d) Intervening circumstances relevant to the
responsibilities and circumstances of the position, services, or employment
such as:
(i) The passage of time since the
commission of the crime;
(ii) The
age of the subject individual at the time of the crime;
(iii) The likelihood of a repetition of
offenses or of the commission of another crime;
(iv) The subsequent commission of another
relevant crime;
(v) Whether the
conviction was set aside and the legal effect of setting aside the conviction;
and
(vi) The recommendation of an
employer.
(2)
Upon completion of the fitness determination, one of the following outcomes
shall be made and written notification shall be provided to the subject
individual indicating the outcome when appeal rights are afforded or when a
fitness determination is not completed;
(a)
Approval.
(A) The subject individual is
approved to work, have direct access, or otherwise provide services to
individuals.
(B) An approved
outcome does not guarantee employment, or the ability to have direct access, or
otherwise provide services, to individuals.
(b) Restricted or Conditional Approval.
(A) The Agency may restrict the approval to
specific activities, clients or locations.
(B) The Agency may complete a new criminal
history check and fitness determination on the subject individual prior to
removing a restriction.
(c) Denial.
(A) The Agency denies a subject individual if
the Agency determines, through a fitness determination, that the subject
individual is not fit to work, have direct access, or otherwise provide
services to individuals.
(B) If a
subject individual is denied, then the subject individual shall not work, have
direct access, or otherwise provide services to individuals.
(d) Incomplete Fitness
Determination.
(A) The subject individual
discontinues the criminal history process for any reason or refuses to be
fingerprinted or respond to written correspondence from the Agency.
(B) The subject individual is determined to
be ineligible for reasons other than a criminal history check.
(C) The subject individual is determined to
be ineligible pursuant to the Agency's enabling statute, or otherwise provided
by law.
(D) The subject individual
shall not be allowed to work, have direct access, or otherwise provide services
to individuals.
(e)
Refusal to Consent. If a subject individual refuses to submit or consent to a
criminal history check, or refuses to be fingerprinted, the Agency shall deny
the employment of the subject individual, or revoke or deny any applicable
position authority to provide services. A person may not appeal any
determination made based on a refusal to consent.
(3) Final Order. A completed final fitness
determination is final unless the subject individual appeals by requesting a
contested case hearing as provided by OAR 863-003-0090(2).
Statutory/Other Authority: ORS
696.385,
ORS
696.790 & ORS
181A.195
