Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 72 - LICENSING GENERALLY › Section 836-072-0015 - Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 authorized designee shall make a fitness determination about an applicant based
			 on information provided by the applicant under OAR 836-072-0010, any LEDS-based
			 criminal history check or other criminal history check conducted and any false
			 statements made by the applicant.
(2) When making a fitness determination about
			 an applicant, an authorized designee shall also consider the factors in this
			 section in relation to information provided by the applicant under OAR
			 836-072-0010, any LEDS-based criminal history report or criminal offender
			 information obtained through a criminal records check and any false statement
			 made by the applicant. To assist in considering these factors, the authorized
			 designee may obtain other criminal records information from the applicant or
			 any other source, including law enforcement agencies or courts within or
			 outside of Oregon. To acquire other criminal offender information from the
			 applicant, an authorized designee may request a meeting with the applicant and
			 may request from the applicant written materials or authorization to obtain
			 criminal offender information. The applicant must meet with the authorized
			 designee if requested and provide additional information or authorization
			 within a reasonable period of time, as established by the authorized designee.
			 The authorized designee shall use all collected information in considering the
			 following factors:
(a) Whether the applicant
			 has been convicted of, found guilty except for insanity (or a comparable
			 disposition) of, or has a pending indictment for a crime listed in OAR
			 836-072-0020;
(b) The nature of any
			 crime identified under subsection (a) of this section;
(c) The facts that support the conviction,
			 finding of guilty except for insanity or pending indictment;
(d) The facts that indicate the applicant
			 made a false statement;
(e) The
			 relevance, if any, of a crime identified under subsection (a) of this section
			 or of a false statement made by the applicant to the specific requirements of
			 the applicant's present or proposed employment; and
(f) The following intervening circumstances,
			 to the extent that they are relevant to the responsibilities and circumstances
			 of the license application or renewal for which the fitness determination is
			 being made:
(A) The passage of time since the
			 commission or alleged commission of a crime identified under subsection (a) of
			 this section;
(B) The age of the
			 applicant at the time of the commission or alleged commission of a crime
			 identified under subsection (a) of this section;
(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 836-072-0020;
(E) Whether a conviction identified under
			 subsection (a) of this section has been set aside or pardoned, and the legal
			 effect of setting aside the conviction or of a pardon;
(F) A recommendation of an
			 employer;
(G) The disposition of a
			 pending indictment identified under subsection (a) of this section;
(H) Whether the applicant has been arrested
			 for or charged with a crime listed under OAR 836-072-0020  within the last five
			 years;
(I) Whether the applicant is
			 being investigated, or has an outstanding warrant, for a crime listed under OAR
			 836-072-0020;
(J) Whether the
			 applicant is currently on probation, parole or another form of post-prison
			 supervision for a crime listed under OAR 836-072-0020;
(K) Whether the applicant has a deferred
			 sentence or conditional discharge or is participating in a diversion program in
			 connection with a crime listed under OAR 836-072-0020;
(L) Whether the applicant has been
			 adjudicated in a juvenile court and found to be within the court's jurisdiction
			 for an offense that would have constituted a crime listed in OAR 836-072-0020  if committed by an adult, unless that adjudication has been reversed or set
			 aside by a subsequent court decision;
(M) Periods of incarceration of the
			 applicant;
(N) Whether the
			 applicant has a history of drug or alcohol abuse that relates to the
			 applicant's criminal activity, and the applicant's history of treatment or
			 rehabilitation for such abuse; and
(O) The education and work history (paid or
			 volunteer) of the applicant since the commission or alleged commission of a
			 crime.