Or. Admin. R. 808-003-0450 - License Fitness Standards
(1) In considering whether to sanction an
applicant or licensee pursuant to ORS
671.610(1)(q),
the agency shall consider whether the applicant's or licensee's criminal
conduct is substantially related to the fitness and ability of the applicant or
licensee to engage in landscaping work. Fitness to engage in landscaping work
includes, but is not limited to, the ability to refrain from the violent,
threatening, intimidating or sexually predatory behavior. Factors to be
considered in suspending, revoking or refusing to issue or renew a license
include, but are not limited to, the date of the offense and the circumstances
of the crime. In addition, factors relating to rehabilitation, or lack thereof,
as evidence by intervening events include, but are not limited to: failure to
complete the criminal sentence, including probation or parole; failure to
complete court ordered treatment; or failure to pay court ordered
restitution.
(2) Upon notice and
request from the agency, it will be the duty of an applicant or licensee to
provide the requested information in order for the agency to conduct a criminal
background check as authorized by ORS
671.610(1)(q).
Requested information includes, but is not limited to police reports, record of
conviction, parole or probation reports, restitution records, counseling
reports, and letters of recommendation.
(3) Failure to provide requested information
in (2) of this section may result in a suspension, revocation or refusal to
issue or renew a license.
Notes
Stat. Auth.: ORS 670.310 & 671.670
Stats. Implemented: ORS 671.560, 671.565, 671.610 & 671.703
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