Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 4 - MEDIATION COMMUNICATIONS; CRIMINAL RECORDS CHECK › Section 813-004-0250 - Final Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the Agency elects to conduct a
			 criminal records check, the Agency shall make a fitness determination about a
			 subject individual based on information provided by the subject individual
			 under OAR 813-004-0230, the criminal records check(s) conducted, and any false
			 statements made by the subject individual.
(2) In making a fitness determination about a
			 subject individual, the Agency will also consider the factors in subsections
			 (a) through (f) below in relation to information provided by the subject
			 individual under OAR 813-004-0230(1), any LEDS report or criminal offender
			 information obtained through a criminal records check, and other information
			 known by the Agency. To assist in considering these factors, the Agency 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 criminal offender information
			 from the subject individual, the Agency may request to meet with the subject
			 individual, and may request to receive written materials or authorization to
			 obtain other relevant information, from him or her. The subject individual
			 shall meet with the Agency if requested and provide additional information or
			 authorization within a reasonable period of time, as established by the Agency.
			 The Agency will use all collected information in considering:
(a) Whether the subject individual has been
			 convicted, found guilty except for insanity (or a comparable disposition), or
			 has a pending indictment for a crime listed in OAR 813-004-0260;
(b) The nature of any crime identified under
			 section (2)(a) of this rule;
(c)
			 The facts that support the conviction, finding of guilty except for insanity,
			 or pending indictment;
(d) Any
			 facts that indicate the subject individual made a false statement;
(e) The relevance, if any, of a crime
			 identified under section (2)(a) of this rule 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) The following 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:
(A) The passage of time since the
			 commission or alleged commission of a crime identified under section (2)(a) of
			 this rule;
(B) The age of the
			 subject individual at the time of the commission or alleged commission of a
			 crime identified under section (2)(a) of this rule;
(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 813-004-0260;
(E) Whether a conviction identified under
			 section (2)(a) of this rule has been set aside, and the legal effect of setting
			 aside the conviction;
(F) A
			 recommendation of an employer;
(G)
			 The disposition of a pending indictment identified under section (2)(a) of this
			 rule;
(H) Whether the subject
			 individual has been arrested for or charged with a crime listed under OAR
			 813-004-0260;
(I) Whether the
			 subject individual is being investigated, or has an outstanding warrant, for a
			 crime listed under OAR 813-004-0260;
(J) Whether the subject individual is
			 currently on probation, parole or another form of post-prison supervision for a
			 crime listed under OAR 813-004-0260;
(K) Whether the subject individual has a
			 deferred sentence or conditional discharge in connection with a crime listed
			 under OAR 813-004-0260;
(L) Whether
			 the subject individual 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 813-004-0260  if committed by an adult;
(M) Periods of incarceration of the subject
			 individual;
(N) The education and
			 work history (paid or volunteer) of the subject individual since the commission
			 or alleged commission of a crime.