OAR 851-001-0125: Appealing a Fitness Determination for employees of, for those seeking to be employed by, or providing services or seeking to provide services as a contractor or volunteer for the Board of Nursing

(1) An SI may contest a final fitness determination outcome of a denied or restricted approval. (2) An SI currently employed by the Board may choose to appeal a fitness determination either under the process made available by this rule or through the process made available by applicable personnel rules, policies and collective bargaining provisions. An SI’s decision to appeal a fitness determination through applicable personnel rules, policies, and collective bargaining provisions is an election of remedies as to the rights of the individual with respect to the fitness determination and is a waiver of the contested case process made available by this rule. (3) Challenging Criminal Offender Information. An SI may not use the appeals process established by this rule to challenge the accuracy or completeness of information provided by OSP, the FBI, or agencies reporting information to OSP or the FBI. To challenge information, an SI may use any process made available by the providing agency. (4) Remedy. When the fitness determination is performed as part of the Board’s hiring process or employment decision, the only remedy that may be awarded is a determination the SI is fit or not fit. Under no circumstances shall the Board be required to place an SI in any position, nor shall the Board be required to accept services or enter into a contractual agreement with an SI. (5) No delay in hiring. Appealing a final fitness determination, challenging criminal offender information with the Board that provided the information, or requesting a new criminal records check may not delay or postpone the Board’s hiring process or employment decisions.