Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 2 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION › Section 845-002-0260 - Final Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An authorized designee shall make a
			 fitness determination about a subject individual based on information provided
			 by the subject individual under OAR
			 845-002-0230(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 consider the factors in subsections (a)-(f) in relation to
			 information provided by the subject individual under OAR
			 845-002-0230(1),
			 and 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 other
			 criminal records information from the subject individual or any other source,
			 including law enforcement agencies or courts within or outside of Oregon. To
			 acquire other criminal offender information from the subject individual, an
			 authorized designee may request to meet with the subject individual, to receive
			 written materials from him or her, or both. The authorized designee will use
			 all collected information in considering:
(a)
			 Whether the subject individual has been convicted of, found guilty except for
			 insanity (or a comparable disposition) of, or has a pending indictment for a
			 crime listed or described under OAR
			 845-002-0270;
(b) The nature of any crime identified under
			 subsection (a);
(c) The facts that
			 support the 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) 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 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 or described under OAR
			 845-002-0270;
(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;
(F) A recommendation of an
			 employer;
(G) The disposition of a
			 pending indictment identified under subsection (a);
(H) Whether the subject individual has been
			 arrested for or charged with a crime listed or described under OAR
			 845-002-0270 within the last
			 five years;
(I) Whether the subject
			 individual is being investigated, or has an outstanding warrant, for a crime
			 listed or described under OAR
			 845-002-0270;
(J) Whether the subject individual is
			 currently on probation, parole or another form of post-prison supervision for a
			 crime listed or described under OAR
			 845-002-0270;
(K) Whether the subject individual has a
			 deferred sentence or a conditional discharge or is participating in a diversion
			 program in connection with a crime listed or described under OAR
			 845-002-0270;
(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 or described under
			 OAR 845-002-0270 if committed by an
			 adult;
(M) Periods of incarceration
			 of the subject individual;
(N)
			 whether the subject individual has a history of drug or alcohol abuse which
			 relates to his or her criminal activity and the subject individual's history of
			 treatment or rehabilitation for such abuse; and
(O) the education and work history (paid or
			 volunteer) of the subject individual since the commission or alleged commission
			 of a crime.