Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 137-007-0260 - Final Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the Department elects to conduct a
			 criminal records check, an authorized designee shall make a fitness
			 determination about a subject individual based on information provided by the
			 subject individual under OAR 137-007-0230(1), 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 also
			 consider the factors in subsections (a)-(f) in relation to information provided
			 by the subject individual under OAR 137-007-0230(1), 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 authorized designee 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, an
			 authorized designee may request to meet with the subject individual, to receive
			 written materials, or both. The subject individual shall meet with the
			 authorized designee if requested and provide additional information within a
			 reasonable period of time, as established by the authorized designee. The
			 authorized designee 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 137-007-0270;
(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
			 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 137-007-0270;
(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.