Or. Admin. R. 161-030-0000 - Criminal Background

(1) For the purposes of this section, "Subject Individual" means:

(a) Any licensee as defined in OAR 161-002-0000(22).

(b) Any applicant for a certificate, or registration under ORS Chapter 674 or any applicant for renewal of a license, certificate, or registration under ORS Chapter 674.

(c) Any Board employee, volunteer, or any other person the Board may require fingerprints for the purpose of conducting a state or nationwide criminal records check as identified in ORS 674.105.

(2) The purpose of this section is to provide for the reasonable screening of subject individuals in order to determine if they have a history of criminal behavior such that they are unfit to hold a license, certificate or registration, or work, volunteer or contract with the Board.

(3) The Board and a vendor for fingerprinting services ('fingerprint service provider") have contractually agreed that:

(a) The fingerprint service provider will provide electronic fingerprinting services to Oregon subject individuals and submit the fingerprints electronically to the Oregon Department of State Police to conduct statewide and nationwide criminal records checks through the Federal Bureau of Investigation.

(b) All Oregon subject individuals may only submit fingerprints required by the Board through the fingerprint services provider. All out of state subject individuals may submit a completed fingerprint card on the form prescribed by the Oregon State Police and FBI.

(c) The Board may also perform a Law Enforcement Data System (LEDS) criminal records check as part of any criminal background fitness determination conducted in regard to the subject individual.

(4) The fingerprint card and processing fee shall be submitted to the Board prior to issuance of any license under ORS Chapter 674 and these rules.

(5) Within the Board, only an authorized designee shall have access to records the Board receives from the Oregon Department of State Police resulting from a criminal records check.

(6) The Board's authorized designee shall maintain and disclose any records received from the Oregon Department of State Police resulting from a criminal records check in accordance with applicable requirements and restrictions in ORS Chapter 181 and other applicable federal and state laws, rules adopted by the Oregon Department of State Police in OAR chapter 257, division 15, these rules, and any written agreement between the Board and the Oregon Department of State Police.

(7) Records the Board receives from the Oregon Department of State Police resulting from a criminal records check, including but not limited to Law Enforcement Data System (LEDS) reports and state or federal criminal offender information originating with the Oregon Department of State Police or the Federal Bureau of Investigation, are confidential pursuant to ORS 181.534(15).

(8) If a fingerprint-based criminal records check was conducted on a subject individual, the Board shall permit that subject individual to inspect the state and federal criminal offender information and provide a copy of the individual's own state and federal criminal offender information, unless prohibited by state or federal law.

(9) If the information developed by the Board indicates that additional information should be obtained from the subject individual, it will be the duty of the subject individual, upon notice and request by the Board, to provide the requested information in order to complete the background check. Information considered necessary by the Board to evaluate the subject individual's trustworthiness and competency to engage in professional real estate appraisal activity in a manner that protects the public interest. Failure to comply may result in a determination that the background check is incomplete which will result in an unfit determination by the Board.

(10) The Board shall evaluate a crime on the basis of Oregon laws and, if applicable, federal laws or the laws of any other jurisdiction in which the criminal background check indicates a subject individual may have committed a crime, as those laws are in effect at the time of the background check.

(11) A subject individual shall not be denied under this section on the basis of the existence or contents of a juvenile record that has been expunged under ORS 419A.260 and 419A.262.

(12) The Board shall inform the subject individual who has been determined unfit on the basis of a criminal background check, via courier, or registered or certified mail to the most current address provided by the subject individual of the disqualification. Responsibility for furnishing a current address remains with the subject individual.

(13) A disqualification determination is a final order of the Board unless the affected subject individual requests a contested case hearing under ORS Chapter 183 within 20 days of the mailing of the determination.

Notes

Or. Admin. R. 161-030-0000

ACLB 1-1994, f. & cert. ef. 2-1-94; ACLB 1-1998, f. 6-24-98, cert. ef. 7-1-98; ACLB 1-2002, f. & cert. ef. 2-26-02; ACLB 2-2006, f. & cert. ef. 7-26-06; ACLB 1-2010(Temp), f. 1-29-10, cert. ef. 2-1-10 thru 7-27-10; ACLB 2-2010, f. & cert. ef. 4-23-10; ACLB 2-2011, f. 11-17-2011, cert. ef. 1-1-12; ACLB 5-2014, f. 12-19-14, cert. ef. 1/1/2015

Stat. Auth.: ORS 674.170, 674.305(8) & 674.310

Stats. Implemented: ORS 674