Or. Admin. Code § 413-120-0475 - Record Keeping, Confidentiality

(1) All LEDS reports are confidential, and the authorized designee must maintain the reports in accordance with applicable OSP requirements in ORS chapter 181 and the rules adopted pursuant thereto (see OAR chapter 257, division 15).

(a) LEDS and FBI reports are confidential and may only be received or viewed by an authorized designee.

(b) LEDS and FBI reports and any photocopies may be shared with another authorized designee only if there is a need to know consistent with these rules.

(2) The results of a national criminal records check provided by the FBI or the OSP are confidential and may not be disseminated by the Department, except in the following circumstances:

(a) If a fingerprint-based criminal records check was conducted on the subject individual, the subject individual is provided a copy of the results if requested.

(b) The state and national criminal offender information may be provided as exhibits during a contested case hearing.

(3) All completed background check requests, other criminal records information, and other records collected or developed during the background check or contested case process must be kept confidential and disseminated only on a need-to-know basis.

(4) The Department must retain and destroy all criminal records check documents pursuant to federal law and records retention schedules published by Oregon State Archives.

(5) Documents may be requested and reviewed by the Oregon State Police for the purposes of determining and ensuring compliance with these rules (OAR 413-120-0400 to 413-120-0475).

Notes

Or. Admin. Code § 413-120-0475

CWP 3-2012, f. & cert. ef. 6-26-12; CWP 28-2021, amend filed 11/29/2021, effective 12/1/2021

Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.016 & ORS 181A.195

Statutes/Other Implemented: ORS 418.005, ORS 418.016, ORS 181A.200, ORS 409.010 & ORS 181A.010 - 181A.245