Or. Admin. R. 274-006-0013 - Incomplete Fitness Determination

(1) The Department will close a preliminary or final fitness determination as incomplete when:

(a) Circumstances change so that a person no longer meets the definition of a "subject individual" under OAR 274-006-0004.

(b) The subject individual does not submit materials or information within the time required under OAR 274-006-0005(3);

(c) The Department cannot locate or contact the subject individual;

(d) The subject individual fails or refuses to cooperate with the Department's attempts to acquire other criminal records information under OAR 274-006-0011(2); or

(e) The Department determines that the subject individual is not eligible or not qualified for the position (of employee, contractor, vendor or volunteer) for a reason unrelated to the fitness determination process.

(f) The position is no longer open.

(2) A subject individual does not have a right to a contested case hearing under OAR 274-006-0018(2) or a right to an alternative appeals process as provided by OAR 274-006-0018(6) to challenge the closing of a fitness determination as incomplete.

Notes

Or. Admin. R. 274-006-0013

DVA 1-2009, f. 12-22-09 cert. ef. 1-1-10

Stat. Auth.: ORS 181.534 & 2009 SB 94

Stats. Implemented: ORS 181.534 & 2009 SB 94