330-007-0320 Contact Person and Authorized Designees (1) Appointment. (a) The Department Director must designate the positions that include the responsibilities of an authorized designee or contact person. (b) Appointment to one of the designated positions must be contingent upon an individual being approved under the Department's criminal records check and fitness determination process. (c) Appointments must be made by the Department Director at his or her sole discretion. (2) The Department Director may also serve as an authorized designee or contact person, contingent on being approved under the Department's criminal records check and fitness determination process. (3) Conflict of Interests. An authorized designee and the contact person must not participate in a fitness determination or review any information associated with a fitness determination for an SI if either of the following is true: (a) The authorized designee or contact person is a family member of the SI; or (b) The authorized designee or the contact person has a financial or close personal relationship with the SI. If an authorized designee is uncertain of whether a relationship with an SI qualifies as a financial or close personal relationship under this subsection (b), the authorized designee or contact person must consult with his or her supervisor before taking any action that would violate this rule if such a relationship were determined to exist. (4) Termination of Authorized Designee or Contact Person Status. (a) When an authorized designee's or contact person's employment in a designated position ends, his or her status as an authorized designee or contact person is automatically terminated. (b) The Department must suspend or terminate a Department employee's appointment to a designated position, and thereby suspend or terminate his or her status as an authorized designee or contact person, if the employee fails to comply with OAR 330-007-0200 through 330-007-0310 in conducting criminal records checks and fitness determinations. (c) An authorized designee or contact person must 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 in OAR 125-007-0270. Failure to make the required report is grounds for termination of the individual's appointment to a designated position, and thereby termination of his or her status as an authorized designee or contact person. (d) The Department will review and update an authorized designee's or contact person's eligibility for service in a designated position, during which a new criminal records check and fitness determination may be required at any time the Department has reason to believe that the authorized designee or contact person has violated these rules or no longer is eligible to serve in his or her current position. (5) A denial under OAR 125-007-260 related to a designated position is subject to the appeal rights provided under OAR 125-007-0300. Statutory/Other Authority: ORS 181A.195 & 469.055 Statutes/Other Implemented: ORS 181A.195 & 469.055 History: DOE 3-2017, f. & cert. ef. 5-8-17 DOE 5-2007, f. & cert. ef. 12-13-07