OAR 635-600-0020: Preliminary Fitness Determination

(1) The Department may conduct a preliminary fitness determination if the Department is interested in hiring or appointing a subject individual on a preliminary basis, pending a final fitness determination. (2) If the Department elects to make a preliminary fitness determination about a subject individual, pending a final fitness determination, the Department shall make a preliminary fitness determination about a subject individual based on information disclosed by the subject individual under OAR 635-600-0015(1) and a LEDS Criminal History Check. (3) The Department shall approve a subject individual as fit on a preliminary basis if the authorized designee has no reason to believe [ that ] the subject individual has made a false statement and the information available to the Department does not disclose that the subject individual . (a) Has pled nolo contendere (or no contest) to, been convicted of, found guilty except for insanity (or comparable disposition) of, or has a pending indictment for a crime listed under OAR 635-600-0035; (b) Is being investigated for, has an outstanding warrant for, or has been charged with a crime listed under OAR 635-600-0035; (c) Is currently on probation, parole, or any form of post-prison supervision for a crime listed under OAR 635-600-0035; (d) Has a deferred sentence or conditional discharge in connection with a crime listed under OAR 635-600-0035; or (e) Has been adjudicated in a juvenile court and found to be within the court’s jurisdiction for an offense that would have constituted a crime listed in OAR 635-600-0035 if committed by an adult. (4) If the information available to the Department discloses one or more of the circumstances identified in section (3), the Department may approve a subject individual on a preliminary basis if the Department concludes, after evaluating all available information and considering the factors in OAR 635-600-0030(1), that hiring or appointing the subject individual on a preliminary basis does not pose any risk of harm to the Department, its client entities, the State, or members of the public. (5) If a subject individual is either approved or denied on the basis of a preliminary fitness determination, the Department shall conduct a final fitness determination under OAR 635-600-0030. (6) A subject individual may not appeal a preliminary fitness determination.