OAR 736-002-0050. Preliminary Fitness Determination.

(1) An authorized designee may conduct a preliminary fitness determination if the Department is interested in hiring or appointing a subject individual on a preliminary basis, pending a final fitness determination. (2) If an authorized designee elects to make a preliminary fitness determination under section (1), the authorized designee shall make that preliminary fitness determination based on information disclosed by the subject individual under OAR 736-002-0042(1) and a LEDS criminal records check in accordance with OAR 125-007-0250. (3) The authorized designee may approve a subject individual as fit, on a preliminary basis, if the authorized designee has no reason to believe the subject individual has made a false statement and the information available to the authorized designee does not disclose that the subject individual has any potentially disqualifying crimes in accordance with OAR 125-007-0270. (4) If the information available to the authorized designee discloses one or more of the circumstances identified in OAR 125-007-0270, the authorized designee may approve a subject individual as fit on a preliminary basis, if the authorized designee concludes, after evaluating all available information, that hiring or appointing the subject individual on a preliminary basis does not pose a risk of harm to the Department, its client entities, the State, or members of the public. (5) If a subject individual is determined to be fit or unfit to work/volunteer on the basis of a preliminary fitness determination, an authorized designee shall conduct a final fitness determination under OAR 125-007-0260. (6) A subject individual may not appeal a preliminary fitness determination.