Oregon Administrative Rules › Chapter 125 - DEPARTMENT OF ADMINISTRATIVE SERVICES › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 125-007-0300 - Appealing a Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An SI may contest a final fitness
			 determination outcome of a denied or restricted approval.
(2) Process for authorized agencies using
			 Office of Administrative Hearings (OAH): To request a contested case hearing,
			 the SI or the SI's legal representative shall submit a written request for a
			 contested case hearing to the address specified in the notice provided under
			 OAR 125-007-0260, within the time required by law or a reasonable time
			 period.
(3) Confidentiality. The
			 Department or the administrative law judge may protect information made
			 confidential by ORS 181A.195(11) or other applicable law as provided in OAR
			 137-003-0570(7) or (8).
(4) No
			 Public Attendance. Unless otherwise provided by law, contested case hearings on
			 fitness determinations are closed to non-participants.
(5) Authorized agencies and districts that
			 are not obligated by law to use the OAH must adopt procedural rules providing
			 for SIs to contest fitness determinations or may elect to use the process
			 outlined in this rule.
(6)
			 Alternative Process. An SI currently employed by the authorized agency district
			 or qualified entity 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.
(7) 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.
(8) Remedy. When the
			 fitness determination is performed as part of an authorized agency'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
			 authorized agency be required to place an SI in any position, nor shall the
			 agency be required to accept services or enter into a contractual agreement
			 with an SI.
(9) No delay in hiring.
			 Appealing a final fitness determination, challenging criminal offender
			 information with the agency that provided the information, or requesting a new
			 criminal records check may not delay or postpone the authorized agency's hiring
			 process or employment decisions.
Stat. Auth.: ORS 181A.170, 181A.195, 181A.215, 184.340,
				  184.365
Stats. Implemented: ORS 181A.170, 181A.195,
				  181A.215