845-002-0320 Authorized Designees (1) Appointment. (a) The Commission Administrator or the Administrator’s designee shall designate positions within the Human Resources Unit and the Enforcement & Compliance Unit as including the responsibilities of an authorized designee. (b) Appointment to one of the designated positions shall be contingent upon an individual being approved under the Commission’s criminal records check and fitness determination process. (c) Appointments shall be made by the Commission Administrator or the Administrator’s designee at his or her discretion. (2) The Commission Administrator and Deputy Administrator may also serve as authorized designees, contingent on being approved under the Commission’s criminal records check and fitness determination process. (3) Conflict of Interests. An authorized designee shall not participate in a fitness determination or review any information associated with a fitness determination for a subject individual if either of the following is true: (a) The authorized designee is related to the subject individual; or (b) The authorized designee has a financial or close personal relationship with the subject individual. If an authorized designee is uncertain of whether a relationship with a subject individual qualifies as a financial or close personal relationship under this subsection (b), the authorized designee shall consult with his or her supervisor prior to taking any action that would violate this rule if such a relationship were determined to exist. (4) Termination of Authorized Designee Status. (a) When an authorized designee’s employment in a designated position ends, his or her status as an authorized designee is automatically terminated. (b) An authorized designee shall immediately report to his or her supervisor if he or she is arrested for or charged with, is being investigated for, or has an outstanding warrant or pending indictment for a crime listed or described under OAR 845-002-0270. Failure to make the required report is grounds for termination of his or her status as an authorized designee. (c) The Commission must suspend or terminate the appointment as an authorized designee if the authorized designee fails to comply with the rules of the Commission or fails to continue to meet the qualifications for the status of authorized designee, as applicable. (d) A termination of authorized designee status due to a Final Fitness Determination is not subject to hearing rights under these rules unless the termination results in loss of employment or position, in which case they have the same hearing rights related to Fitness Determinations as other subject individuals under these rules. (5) Review of Appointment. The Commission will develop a procedure to review and update appointments of authorized designees, up to and including a new application and criminal records check, to assure that all requirements of this rule are met: (a) Every three years; or (b) If the Commission has reason to believe the person no longer meets the qualifications to be an authorized designee, such as but not limited to, any indication of criminal behavior. Statutory/Other Authority: ORS 181.534 & 471.030, 471.040 & 471.730 Statutes/Other Implemented: ORS 181.534 & 471.695 History: OLCC 10-2008, f. 8-18-08, cert. ef. 9-1-08