(1) The
Office may conduct and require completion of a fingerprint and criminal
background check to determine fitness of individuals applying for an
authorization issued or renewed by the Office. These will be provided on
prescribed forms provided by the Office. At the discretion of the Office,
background checks may be conducted for any of the programs administered by the
Office.
(2) Fingerprints may be
obtained at a law enforcement office or at a private service acceptable to the
Office. The Office will forward fingerprints to the Department of Oregon State
Police for checks against state and national data sources. Any original
fingerprint cards subsequently will be destroyed by the department.
NOTE: An applicant must pay the department any fees assessed
for conducting the fingerprint service. An applicant must arrange for the
report of the fingerprint check to be mailed directly to the Health Licensing
Office, Regulatory Operations Division.
(3) The Office will conduct a criminal
background check of all applicants in accordance with ORS
181A.195, OAR
125-007-0200 through 127-007-0330. If an applicant has a criminal conviction, a fitness
determination to hold an Office-issued authorization will be made in accordance
with the requirements of ORS
181A.195 and ORS
670.280.
(4) In order to conduct the Oregon and
national criminal history check and fitness determination, the Office may
require additional information from the authorization holder or applicant.
Information requested may include but is not limited to, proof of identity;
residential history; names used while living at each residence; or additional
criminal, judicial or other background information.
(5) If the Office determines an applicant or
authorization holder is unfit, the individual is entitled to a contested case
process pursuant to ORS 183. Challenges to the accuracy or completeness of
information provided by the Oregon State Police, Federal Bureau of
Investigation and agencies reporting information must be made through the
Oregon State Police, Federal Bureau of Investigation, or reporting agency, and
not through the contested case process pursuant to ORS 183.
(6) If the applicant discontinues the
application process or fails to cooperate with the criminal history background
check the Office considers the application incomplete.
