Or. Admin. Code § 575-007-0210 - Definitions

As used in OAR 575-007, unless the context of the rule requires otherwise, the following definitions apply:

(1) "Approved" means that a criminal records check and any required fitness determination has been completed on a subject individual and the subject individual is eligible to be an employee, volunteer, or contractor in positions covered by these rules.

(2) "Authorized Designee" means a person who is authorized by the Commission to receive and process criminal records check request forms signed by subject individuals and other criminal records information. The authorized designee conducts fitness determinations under the authority of the Commission.

(3) "Contact Person" means a person who is authorized by the Commission to receive and process criminal records check request forms signed by subject individuals, but who is not authorized to receive other criminal records information. The contact person is not allowed to make fitness determinations.

(4) "Conviction" means that the subject individual was convicted in a court of law. Entering a plea of "guilty" or "no contest" is also considered a conviction for the purpose of these rules unless a subsequent court decision has dismissed the charges. An expunged juvenile or adult record is not considered a conviction under these rules.

(5) "Criminal Records Check Rules" or "These Rules" means OAR chapter 575, division 007.

(6) "Criminal Records Check" or "CRC" means the Oregon Criminal Records Check and when required, a National Criminal Records Check and/or a State-Specific Criminal Records Check, and the processes and procedures required by these rules.

(7) "Denied" means that a criminal records check and subsequent fitness determination, including a weighing test, has been completed on a subject individual and the subject individual has been found to be not eligible to be an employee or volunteer in positions covered by these rules.

(8) "The Commission" means the Higher Education Coordinating Commission.

(9) "Hiring on a Preliminary Basis" means a subject individual is hired on a preliminary basis and allowed by the authorized designee to participate in the training for, orientation to, and work activities of the positions covered by these rules following submission of a completed OSAC Criminal Records Request form and subject to a final fitness determination. The term "hiring on a preliminary basis" is applicable only during the timeframe prior to a final fitness determination. See OAR 575-007-0310. An employee on trial service cannot appeal a termination except through the terms of the collective bargaining agreement.

(10) "National Criminal Records Check" means obtaining and reviewing criminal records nationwide or from states or jurisdictions other than Oregon. This information may be obtained from the Federal Bureau of Investigation (FBI) through the use of fingerprint cards and from other criminal information resources.

(11) "Oregon Criminal Records Check" means obtaining and reviewing information from the Oregon State Police's Law Enforcement Data System (LEDS). The Oregon Criminal Records Check may also include a review of information from the Oregon Judicial Information Network (OJIN), Oregon Department of Corrections records, Motor Vehicles Division (DMV), local or regional criminal records information systems, or other law enforcement agency or court records in Oregon.

(12) "Potentially Disqualifying Crime" means a crime listed or described in OAR 575-007-0280.

(13) "Records Information" includes criminal justice records, fingerprints, court records, sexual offender registration records, warrants, arrests, DMV information, information provided on the Commission's criminal records check forms, and any other information obtained by or provided to the Commission for the purpose of conducting a fitness determination.

(14) "Related" means spouse, domestic partner, natural parent, child, sibling, adopted child, adoptive parent, stepparent, stepchild, stepbrother, stepsister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, grandchild, aunt, uncle, niece, nephew or first cousin.

(15) "State-Specific Criminal Records Check" means obtaining and reviewing information from law enforcement agencies, courts or other criminal records information resources located in a state or jurisdiction outside Oregon.

(16) "Subject Individual": see OAR 575-007-0220.

(17) "Weighing Test" means a process carried out by the authorized designee in which information is considered to determine if a subject individual is approved or denied. See OAR 575-007-0320(5)(c).

Notes

Or. Admin. Code § 575-007-0210

OSAC 4-2006, f. & cert. ef. 11-1-06; OSAC 1-2015, f. & cert. ef. 12/18/2015

Stat. Auth.: ORS 348; Ch. 730 2005 OL, HB. 2157 2005 OL

Stats. Implemented: Ch. 730 2005 OL