OAR 274-006-0013: Incomplete Fitness Determination

(1) The Department will close a preliminary or final fitness determination as incomplete when: (a) Circumstances change so that a person no longer meets the definition of a "subject individual" under OAR 274-006-0004. (b) The subject individual does not submit materials or information within the time required under OAR 274-006-0005(3); (c) The Department cannot locate or contact the subject individual; (d) The subject individual fails or refuses to cooperate with the Department’s attempts to acquire other criminal records information under OAR 274-006-0011(2); or (e) The Department determines that the subject individual is not eligible or not qualified for the position (of employee, contractor, vendor or volunteer) for a reason unrelated to the fitness determination process. (f) The position is no longer open. (2) A subject individual does not have a right to a contested case hearing under OAR 274-006-0018(2) or a right to an alternative appeals process as provided by OAR 274-006-0018(6) to challenge the closing of a fitness determination as incomplete.