Oregon Administrative Rules › Chapter 585 - COMMISSION FOR THE BLIND › Division 5 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 585-005-0045 - Final Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Executive Director or an authorized designee shall make a fitness
			 determination about a subject individual based on information
			 provided by the subject individual under OAR 585-005-0030(1), the
			 criminal records check(s) conducted, if any, and any false statements
			 made by the subject individual.
(2) In making a fitness
			 determination about a subject individual, the Executive Director or
			 an authorized designee shall also consider the factors in subsections
			 (a)-(f) in relation to information provided by the subject individual
			 under OAR 585-005-0030(1), any LEDS report or criminal offender
			 information obtained through a criminal records check, and any false
			 statement made by the subject individual. To assist in considering
			 these factors, the Executive Director or the authorized designee may
			 obtain any other information deemed relevant from the subject
			 individual or any other source, including law enforcement and
			 criminal justice agencies or courts within or outside of Oregon. To
			 acquire other relevant information from the subject individual, the
			 Executive Director or an authorized designee may request to meet with
			 the subject individual, to receive written materials, or both. The
			 subject individual shall meet with the Executive Director or the
			 authorized designee if requested and provide additional information
			 within a reasonable period of time, as established by the Executive
			 Director or the authorized designee. The Executive Director or the
			 authorized designee will use all collected information in
			 considering:
(a) Whether the subject
			 individual has been arrested, pled nolo contendere (or no contest)
			 to, been convicted of, found guilty except for insanity (or a
			 comparable disposition) of, or has a pending indictment for a crime
			 listed in OAR 585-005-0050;
(b) The nature of any crime
			 identified under subsection (a);
(c) The facts that support the
			 arrest, conviction, finding of guilty except for insanity, or pending
			 indictment;
(d) The facts
			 that indicate the subject individual made a false
			 statement;
(e) The
			 relevance, if any, of a crime identified under subsection (a) or of a
			 false statement made by the subject individual to the specific
			 requirements of the subject individual's present or proposed
			 position, services or employment; and
(f) Intervening circumstances, to
			 the extent that they are relevant to the responsibilities and
			 circumstances of the services or employment for which the fitness
			 determination is being made, including, but not limited to, the
			 following:
(A) The passage of time
			 since the commission or alleged commission of a crime identified
			 under subsection (a);
(B)
			 The age of the subject individual at the time of the commission or
			 alleged commission of a crime identified under subsection
			 (a);
(C) The likelihood
			 of a repetition of offenses or of the commission of another
			 crime;
(D) The subsequent
			 commission of another crime listed in OAR 585-005-0050;
(E) Whether a conviction identified
			 under subsection (a) has been set aside or pardoned, and the legal
			 effect of setting aside the conviction or of a pardon; and
(F) A recommendation of an
			 employer.