Or. Admin. Code § 407-007-0000 - Purpose and Scope

(1) The purpose of these rules, OAR 407-007-0000 to 407-007-0100 is to supplement OAR 125-007-0200 to 125-007-0330 with guidelines and requirements specific to background checks for Oregon Department of Human Services (Department or ODHS) and Oregon Health Authority (Authority or OHA) subject individuals (SIs). These rules provide for the reasonable screening under ORS 181A.195, 181A.200, 409.027 AND 413.036 of the Department's employees, volunteers, and contractors to determine if they have a history of specific criminal behavior identified in federal or state law or rules such that they should not be allowed to work, volunteer, be employed, or otherwise perform in positions covered by these rules.

(2) These rules apply to evaluating potentially disqualifying convictions and conditions of an SI when conducting fitness determinations based upon such information. The fact that an SI is approved does not guarantee employment or placement. Except for OAR 407-007-0010, these rules do not apply to SIs covered under OAR 407-007-0200 to 407-007-0370.

(3) The Authority authorizes the Background Check Unit (BCU), a shared service of the Department and the Authority, to act on its behalf in performing criminal records checks. References in these rules to the Department or Authority are references to either or both agencies.

(4) When the position the SI is having a criminal records check for also requires an abuse check under OAR 407-007-0400 to 407-007-0460, the result of the criminal records check and abuse check will be completed as one final fitness determination or outcome.

Notes

Or. Admin. Code § 407-007-0000

DHSD 2-2008(Temp), f. & cert. ef. 3-31-08 thru 9-26-08; DHSD 7-2008, f. 8-29-08, cert. ef. 9-1-08; DHSD 9-2009, f. 12-31-09, cert. ef. 1-1-10; DHSD 2-2016(Temp), f. & cert. ef.1-14-16 thru 7-11-16; DHSD 4-2016, f. 6-9-16, cert. ef. 6/15/2016; DHSD 2-2020, amend filed 02/10/2020, effective 2/10/2020; DHS 23-2021, minor correction filed 12/13/2021, effective 12/13/2021; DHS 5-2022, minor correction filed 03/08/2022, effective 3/8/2022;DHS 5-2023, temporary amend filed 10/04/2023, effective 10/4/2023 through 3/30/2024; DHS 8-2024, amend filed 03/26/2024, effective 3/27/2024

Statutory/Other Authority: ORS 181A.195, 181A.200 & 409.050

Statutes/Other Implemented: ORS 181A.195, 181A.200, 409.010 & 443.004