Or. Admin. Code § 414-061-0100 - Denial Procedures

(1) A subject individual may be denied enrollment in the Central Background Registry if the individual:

(a) Has been determined not suitable;

(b) Has misrepresented information or failed to submit requested information or documentation;

(c) Has been charged with, arrested for, or a warrant for a Category I or Category II crime in OAR 414-061-0050 with final disposition not yet reached;

(d) Has an open child abuse or neglect investigation, or a substantiated finding of abuse or neglect against an adult, or law enforcement case with final disposition not yet reached;

(e) Is in a diversion program or similar agreement and has failed to provide written documentation of compliance with the terms of diversion or the agreement; or

(f) Has been charged with, arrested for, or has a warrant for a crime listed in OAR 414-061-0045(1)(d) or of a crime from another jurisdiction that is substantially similar.

(2) A subject individual may appeal the Department's determination not to enroll the subject individual in the Central Background Registry, pursuant to OAR 414-061-0120.

(3) A subject individual who has been denied enrollment in the Central Background Registry due to a determination of unsuitability shall not be eligible for enrollment in the Registry for five years from the date of denial, except as set forth in OAR 414-061-0100(4).

(4) A subject individual shall be eligible for limited enrollment in the Central Background Registry at any time and regardless of whether the individual was previously denied if the individual meets the criteria for limited enrollment as set forth in OAR 414-061-0090(2)(b)(A) through (H).

(5) A subject individual who has been determined to be ineligible for enrollment in the Central Background Registry due to conviction of a crime listed in OAR 414-061-0045(1)(d) or convicted of a crime from another jurisdiction that is substantially similar, may apply for enrollment in the Registry after five or more years since the date of their last conviction.

Notes

Or. Admin. Code § 414-061-0100

CCD 1-1998, f. 9-30-98, cert. ef. 10-1-98; CCD 2-2003, f. 12-5-03 cert. ef. 12-7-03; CCD 5-2004, f. & cert. ef. 11-16-04; CCD 1-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10; CCD 1-2010, f. 6-29-10, cert. ef. 7-1-10; ELD 3-2015, f. & cert. ef. 2/3/2015; ELD 7-2016, f. & cert. ef. 12/19/2016; ELD 3-2018, amend filed 02/08/2018, effective 9/30/2018; ELD 14-2019, minor correction filed 05/29/2019, effective 05/29/2019; ELD 15-2019, temporary amend filed 05/30/2019, effective 5/30/2019 through 11/25/2019; ELD 18-2019, amend filed 08/13/2019, effective 8/13/2019; ELD 8-2022, temporary amend filed 07/01/2022, effective 07/01/2022 through 12/27/2022; DELC 12-2023, temporary amend filed 09/28/2023, effective 9/28/2023 through 3/25/2024; DELC 13-2024, amend filed 02/28/2024, effective 2/28/2024

Statutory/Other Authority: ORS 329A.030(7)

Statutes/Other Implemented: ORS 329A.030 & HB3558 (2023)