736-002-0038 Designated Positions: Authorized Designee and Contact Person (1) Appointment. (a) The Director or the Director's designee shall designate the positions that include the responsibilities of an authorized designee, contact person, or both. (b) Appointment to one of the designated positions shall be contingent upon an individual being approved under the Department's criminal records check and fitness determination process. (c) The Director or the Director's designee has discretion to make an appointment provided for in subsection (b). (2) The Director or the Director’s designee 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. Authorized designees and contact persons 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 or contact person is a family member of the subject individual; or (b) The authorized designee or contact person has a financial or close personal relationship with the subject individual. If an authorized designee or contact person is uncertain of whether a relationship with a subject individual qualifies as a financial or close personal relationship under this subsection, the authorized designee or contact person shall consult with their supervisor prior to 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 shall suspend or terminate a Department employee's appointment to a designated position, and thereby suspend or terminate their status as an authorized designee or contact person, if the employee fails to comply with OAR 736-002-0020 through 736-002-0160 and OAR 125-007-0200 to 125-007-0330 in conducting criminal records checks and fitness determinations. (c) An authorized designee or contact person shall immediately report to their supervisor if they are 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 their status as an authorized designee or contact person. (d) The Department will review and update an authorized designee's and contact person’s eligibility for service in a designated position, at which time a new criminal records check and fitness determination may be required. This review can occur at any time the Department has reason to believe the authorized designee or contact person has violated these rules or is no longer eligible to serve in his or her current position. (5) A determination of being not fit under OAR 125-007-0260(2)(c)(A) related to a designated position is subject to the appeal rights provided under OAR 736-002-0102 and 125-007-0300. Statutory/Other Authority: ORS 181A.195, 184.340, 184.365. & 390.200 Statutes/Other Implemented: ORS 181A.195 & 390.200 History: PRD 6-2017, amend filed 11/20/2017, effective 11/20/2017 PRD 3-2008, f. & cert. ef. 2-15-08