Or. Admin. R. 407-007-0440

Current through Register Vol. 63, No. 8, August 1, 2024

Section 407-007-0440 - Current Employees of the Department

(1) This rule applies to any SI who is a current Department employee.

(2) If an SI is identified as an alleged perpetrator, reported perpetrator, or accused person in an abuse investigation, all relevant abuse investigation and licensing rules shall apply.

(3) The Department shall apply relevant program administrative due process policies if the SI is identified as responsible in a founded or substantiated abuse investigation.

(4) If a current SI is identified as an alleged perpetrator, reported perpetrator, or accused person in an abuse investigation, the Office of Human Resources may initiate an investigation during or following the investigation of the alleged abuse to determine whether to take any action, up to and including dismissal from employment.

(a) If the abuse investigation results in potentially disqualifying abuse, the Office of Human Resources shall initiate an investigation which may include initiating a new abuse check and conducting a weighing test as described in OAR 407-007-0430. The purpose of the investigation is to determine whether any action, up to and including dismissal, is justified.

(b) If the Office of Human Resources learns of potentially disqualifying abuse from previous investigations, the Office of Human Resources may initiate an investigation, to determine fitness for the position, which may include initiating a new abuse check and conducting a weighing test as described in OAR 407-007-0430. The purpose of the investigation is to determine whether any action, up to and including dismissal is justified.

(c) For Department employees, if disciplinary action up to and including dismissal, is appropriate, the action shall be taken in accordance with:

(A) Relevant collective bargaining agreements;

(B) Statutory provisions for unrepresented or management services employees; or

(C) Relevant Department or statewide policies or procedures.

(5) A pending related action, such as a civil, criminal, juvenile, or administrative proceeding in which the allegations of abuse are at issue shall not automatically be grounds for the SI to seek to detain or stay either the review of the founded or substantiated disposition or any resulting disciplinary action. The Department may detain or stay either the review of the founded or substantiated abuse disposition or any resulting disciplinary action based on the pending related action such as a civil, criminal, juvenile, or administrative proceeding in which the allegations of abuse are at issue.

Or. Admin. R. 407-007-0440

DHSD 8-2009(Temp), f. & cert. ef. 10-1-09 thru 3-29-10; DHSD 1-2010(Temp), f. & cert. ef. 1-8-10 thru 3-29-10; DHSD 2-2010, f. & cert. ef. 3-29-10; DHSD 15-2017, amend filed 11/29/2017, effective 12/1/2017

Statutory/Other Authority: ORS 409.027 & 409.050

Statutes/Other Implemented: ORS 409.027 & 409.050