Oregon Administrative Rules › Chapter 167 - SECRETARY OF STATE, BUSINESS SERVICES DIVISION › Division 50 - CRIMINAL RECORDS CHECK RULES › Section 167-050-0170 - Final Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the Secretary of State elects to
			 conduct a criminal records check, the Secretary of State shall make a fitness
			 determination about a subject individual based on information provided by the
			 subject individual under OAR 167-050-0130, 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, an authorized designee shall consider
			 the factors in this subsection (2)(a)-(f) in relation to information provided
			 by the subject individual under OAR 167-050-0130, 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 Secretary of State 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
			 Secretary of State may request to meet with the subject individual, to receive
			 written materials from him, or both. The subject individual shall meet with the
			 Secretary of State if requested and provide additional information within a
			 reasonable period of time, as established by the Secretary of State. The
			 Secretary of State 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 167-050-0140;
(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
			 comparable disposition), 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 167-050-0140;
(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.