Or. Admin. R. 407-007-0300 - Weighing Test
If an SI has potentially disqualifying convictions under OAR 407-007-0281, or potentially disqualifying conditions under OAR 407-007-0290, BCU conducts a weighing test. The weighing test includes consideration of factors pursuant to ORS 181A.195 and the following if available to the BCU at the time of the weighing test.
(1) Circumstances regarding the
nature of potentially disqualifying convictions and conditions including but
not limited to:
(a) The details of incidents
leading to the potentially disqualifying convictions or conditions.
(b) Age, maturity and mental capacity of the
SI at time of the potentially disqualifying convictions or
conditions.
(c) Facts that support
the potentially disqualifying convictions or conditions.
(d) Passage of time since commission of the
potentially disqualifying convictions or conditions.
(e) Consideration of state or federal laws,
regulations, or rules covering the position, facility, employer, or QE
regarding the potentially disqualifying convictions or conditions.
(f) Consideration of state or federal laws,
regulations, or rules that impact what is considered potentially disqualifying.
For example:
(A) Effective February 1, 2021,
most possession crimes in Oregon were reduced to violations, making them no
longer potentially disqualifying.
(B) The Department may give less weight to a
potentially disqualifying conviction or condition which is only potentially
disqualifying because it was a crime at the time it occurred but at the time of
the weighing test is no longer considered a crime nor is associated with any
potentially disqualifying conviction or condition.
(C) The consideration given potentially
disqualifying convictions or conditions impacted by federal laws, regulations,
or rules is determined by the number of these potentially disqualifying
convictions or conditions and evaluation of relevant factors in sections (1),
(2) and (3) of this rule.
(2) If applicable, circumstances regarding
the nature of potentially disqualifying abuse including but not limited to:
(a) The nature and type of abuse;
and
(b) Other information gathered
during the scope of the abuse investigation.
(c) The date of the abuse incident and abuse
investigation.
(d) The quality of
the abuse investigation including, if applicable, any exhibits and related
documents with consideration taken into account regarding completeness,
objectivity, and sufficiency.
(e)
Due process or lack thereof provided to the SI after the abuse
investigation.
(f) Required
conditions and actions resulting from the founded or substantiated abuse that
would allow for reinstatement of the SI in the position including but not
limited to training, counseling, corrective or disciplinary action, and the
SI's compliance.
(3)
Other factors when available including but not limited to:
(a) Periods of incarceration, including
rehabilitation or other impacts on SI.
(b) Status of and compliance with parole,
post-prison supervision, or probation regarding potentially disqualifying
convictions or conditions.
(c)
Evidence of alcohol or drug issues directly related to potentially
disqualifying convictions or conditions.
(d) Evidence of other treatment or
rehabilitation related to potentially disqualifying convictions or
conditions.
(e) Likelihood of
repetition of behaviors leading to potentially disqualifying convictions or
conditions.
(f) Other information
related to criminal activity including charges, arrests, pending indictments,
and convictions. Other behavior involving contact with law enforcement may also
be reviewed if information is relevant to other criminal records or shows a
pattern relevant to criminal history. Consideration of these activities and
behaviors are only allowed for SIs listed in OAR 407-007-0281(1).
(g) Changes in circumstances subsequent to
the potentially disqualifying convictions or conditions including but not
limited to:
(A) History of high school,
college, or other education related accomplishments.
(B) Work history (employee or
volunteer).
(C) History regarding
licensure, certification, or training for licensure or certification.
(D) Written recommendations from current or
past employers, including Department client employers.
(h) Indication of the SI's cooperation,
honesty during the background check process, including:
(A) Acknowledgment and acceptance of
responsibility of potentially disqualifying convictions and conditions;
or
(B) Providing false, incomplete
or misleading information regarding potentially disqualifying convictions and
conditions, or any subsequent circumstances.
(4) BCU must consider the relevancy of the
SI's potentially disqualifying convictions or conditions to the paid or
volunteer position, or to the environment in which the SI will reside, work, or
visit.
Notes
Statutory/Other Authority: ORS 181A.200, 409.027, 409.050 & 443.008
Statutes/Other Implemented: ORS 181A.200, 409.027, ORS 181A.195, 409.010 & 443.004
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