Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 6 - CRIMINAL RECORDS CHECKS › Section 274-006-0011 - Final Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the Department elects to conduct a
			 criminal records check, the Department shall make a fitness determination about
			 a subject individual based on information provided by the subject individual
			 under OAR 274-006-0005, 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 Department will also consider the factors in
			 subsections (a) through (f) below in relation to information provided by the
			 subject individual under OAR 274-006-0005, any LEDS report or criminal offender
			 information obtained through a criminal records check, and other information
			 known by the Department. To assist in considering these factors, the Department
			 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 Department 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 Department if requested and provide
			 additional information or authorization within a reasonable period of time, as
			 established by the Department. The Department will use all collected
			 information in considering:
(a) Whether the
			 subject individual has been convicted, found guilty except for insanity (or a
			 comparable disposition), has a pending indictment, has been arrested, or has an
			 outstanding warrant for arrest for a crime listed in OAR
			 274-006-0012;
(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) Intervening circumstances, including, but
			 not limited to the following, and only 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 274-006-0012;
(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)
			 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 274-006-0012  if committed by an
			 adult.