OAR 837-007-0280: Incomplete Fitness Determination

(1) The Department will close the review for a final fitness determination when: (a) Circumstances change so that a person no longer meets the definition of a “subject individual” under OAR 837-007-0220; (b) An authorized designee cannot locate or contact the subject individual; (c) The Department determines that the subject individual is not eligible or not qualified for the position of employee, volunteer, or contractor for a reason unrelated to the fitness determination process; or (d) The position is no longer open. (2) Failure to Complete Process for Criminal Background Check. If the subject individual fails to complete any portion of the criminal background check process under OAR 837-007-0230, the authorized designee shall deny the subject individual as not fit without further assessment under the fitness determination process. (3) A subject individual does not have a right to a contested case hearing under OAR 837-007-0270(2) to challenge the closing of an incomplete fitness determination.