Or. Admin. Code § 584-050-0100 - Fingerprinting of Subject Individuals
(1) Definitions:
(a) "Applicant" means a subject individual
for whom fingerprint cards and other required information have been submitted
to the Commission for a criminal history check and review;
(b) "Conviction" means: For purposes of
criminal background checks pursuant to ORS
342.223 conducted in relation to individuals subject to such criminal background
verification, the following definitions of "conviction" of a crime applies:
(A) Any adjudication in any criminal court of
law, in this state or in any other jurisdiction, finding the individual
committed a crime. A crime is an offense for which a sentence of imprisonment
is authorized and generally refers to any felony or misdemeanor.
(B) Any adjudication in a juvenile
proceeding, in this state or in any other jurisdiction, determining that the
individual committed an offense, which if committed by an adult, would
constitute a crime listed in ORS
342.143.
(C) Any conduct which resulted in mandatory
registration reporting as a sex offender in this state or any other
jurisdiction. A later court order or other action relieving the individual of
the sex offender registration/reporting requirement does not effect the status
of the conduct as a conviction for purposes of this rule.
(D) Any plea of guilty, no contest or nolo
contendere in connection with a crime, in this state or in any other
jurisdiction.
(E) A conviction
exists for purposes of this rule, regardless of whether a dismissal was later
entered into the record in connection with a diversion or on any sort of
deferred adjudication or delayed entry of judgment.
(F) A conviction exists for purposes of this
rule even if a crime was expunged or removed from the record of the individual
under the laws of another jurisdiction if the crime would be ineligible under
ORS
137.225 for expunction or removal from the record if the conviction had occurred in
Oregon. A conviction does not exist where an Oregon court has expunged or
otherwise removed a conviction from the record of an individual.
(G) A conviction does not exist, except as
noted above, only where there was a judicial adjudication that the individual
did not commit the offense in question, or when a conviction, adjudication or
plea is overturned by an appellate court of record and no later conviction,
adjudication or plea indicating the individual committed the offense in
question is on the record.
(c) "Fee" means the total charges for
processing each fingerprint card submitted. The fee amount shall be as
specified in OAR 584-200-0050.
(d)
"Information to be required" means all information requested by the Commission
for processing the fingerprint application, including the following:
(A) One properly completed FBI fingerprint
card;
(B) A properly completed TSPC
form for fingerprint handlers;
(C)
Certified court records of any arrests or criminal convictions; (See,
definition of "convictions," above;) and
(D) A full explanation of the circumstances
surrounding the arrest or conviction, signed and dated within the 30 days prior
to submission to the commission.
(e) "Initial Issuance of a school nurse
certificate" means: Any school nurse certificate if the applicant has not held
an active TSPC certificate within the previous three years from the date of the
application.
(f) "Initial Issuance
of a charter school registration" means: Any charter school registration if the
applicant has not held an active TSPC registration or license within the
previous three years from the date of the application.
(g) "Student Teaching, Practicum or
Internship" means: any placement of a student admitted to a commission-approved
educator preparation program in a public or private school, charter school or
other educational setting.
(h)
"Subject individual" means:
(A) A person who
is applying for initial issuance of a license under ORS
342.120 to
342.430 as a teacher, administrator or personnel specialist if the person has not
submitted to a criminal records check by the commission within the previous
three years.
(B) A person who is
applying for reinstatement of a license as a teacher, administrator or
personnel specialist whose license has lapsed for more than three years prior
to the date of application.
(C) A
person who is applying for initial issuance of a certificate under ORS
342.475 as a school nurse.
(D) A person who
is registering with the commission for student teaching, practicum or
internship as a teacher, administrator or personnel specialist, if the person
has not submitted to a criminal records check by the commission within the
previous three years for student teaching, practicum or internship as a
teacher, administrator or personnel specialist.
(E) A person who is applying for initial
issuance of a registration as a public charter school teacher or administrator
under ORS
342.125.
(2) Certified LEDS personnel will
review the criminal records of subject individuals upon the submission of the
required fingerprints and state forms. The Executive Director or designee will
establish a record of criminal history status.
(3) The TSPC shall not provide copies of
criminal records to anyone except as provided by law. The subject individual
may inspect his or her personal criminal records under the supervision of
properly certified LEDS (Law Enforcement Data Systems) personnel at the
Commission's office in Salem.
(4)
Subject individuals who refuse to consent to the criminal records check or
refuse to be fingerprinted will be denied licensure, registration or
certification.
(5) Subject
individuals who have been convicted of any of the crimes listed in ORS
342.143,
or the substantial equivalent of any of those crimes if the conviction occurred
in another jurisdiction or in Oregon under a different statutory name or
number, will be denied licensure, certification or registration. The crimes
listed in ORS
342.143 are:
(a) ORS
163.095 - Aggravated Murder;
(b) ORS
163.115 - Murder;
(c) ORS
163.185 - Assault in the First Degree;
(d)
ORS
163.235 - Kidnapping in the First Degree;
(e) ORS
163.355-
Rape in the Third Degree;
(f) ORS
163.365 - Rape in the Second Degree;
(g)
ORS
163.375 - Rape in the First Degree;
(h) ORS
163.385 - Sodomy in the Third Degree;
(i)
ORS
163.395 - Sodomy in the Second Degree;
(j)
ORS
163.405 - Sodomy in the First Degree;
(k)
ORS
163.408 - Unlawful Sexual Penetration in the Second Degree;
(l) ORS
163.411-
Unlawful Sexual Penetration in the First Degree;
(m) ORS
163.415 - Sexual Abuse in the Third Degree;
(n) ORS
163.425 - Sexual Abuse in the Second Degree;
(o) ORS
163.427 - Sexual Abuse in the First Degree;
(p) ORS
163.432 - Online Sexual Corruption of a Child in the Second Degree;
(q) ORS
163.433 - Online Sexual Corruption of a Child in the First Degree;
(r) ORS
163.435 - Contributing to the Sexual Delinquency of a Minor;
(s) ORS
163.445 - Sexual Misconduct;
(t) ORS
163.465 - Public Indecency;
(u) ORS
163.515 -
Bigamy;
(v) ORS
163.525 - Incest;
(w) ORS
163.547 - Child Neglect in the First Degree;
(x) ORS
163.575 - Endangering the Welfare of a Minor;
(y) ORS
163.670 - Using Child in Display of Sexually Explicit Conduct;
(z) ORS
163.675 (1985
Replacement Part) - Sale or Exhibition of Visual Reproduction of Sexual Conduct
by a Child;
(aa) ORS
163.680 (1993 Edition) -
Paying for Viewing Sexual Conduct Involving a Child;
(bb) ORS
163.684 - Encouraging Child Sexual Abuse in the First Degree;
(cc) ORS
163.686 - Encouraging Child Sexual Abuse in the Second Degree;
(dd) ORS
163.687 - Encouraging Child Sexual Abuse in the Third Degree;
(ee) ORS
163.688 - Possession of Materials Depicting Sexually Explicit Conduct of a Child in the
First Degree;
(ff) ORS
163.689 - Possession of Materials Depicting Sexually Explicit Conduct of a Child in the
Second Degree;
(gg) ORS
164.325 - Arson in the First Degree;
(hh)
ORS
164.415 - Robbery in the First Degree;
(ii)
ORS
166.005 -
Treason;
(jj) ORS
166.087 - Abuse of a Corpse in the First Degree;
(kk) ORS
167.007 - Prostitution;
(ll) ORS
167.012 -
Promoting Prostitution;
(mm) ORS
167.017 -
Compelling Prostitution;
(nn) ORS
167.054 - Furnishing
Sexually Explicit Material to a Child
(oo) ORS
167.057 - Luring a
Minor
(pp) ORS
167.062 - Sadomasochistic Abuse for Sexual Conduct in a Live Show;
(qq) ORS
167.075 - Exhibiting Obscene Performance to a Minor;
(rr) ORS
167.080 - Displaying Obscene Materials to a Minor;
(ss) ORS
167.090 - Publicly Displaying Nudity or Sex for Advertising Purposes;
(tt) ORS
475.848 - Unlawful manufacture of heroin within 1,000 feet of school;
(uu) ORS
475.852 - Unlawful delivery of heroin within 1,000 feet of school;
(vv) ORS
475.858 - Unlawful
manufacture of marijuana within 1,000 feet of school;
(ww) ORS
475.860 - Unlawful
delivery of marijuana;
(xx) ORS
475.862 - Unlawful
delivery of marijuana within 1,000 feet of school;
(yy) ORS
475.864(4)
- Possession of less than 1 ounce of marijuana within 1,000 feet of
school;
(zz) ORS
475.868 - Unlawful manufacture of 3,4-methylenedioxymethamphetamine within 1,000 feet
of school;
(aaa) ORS
475.872 - Unlawful delivery of 3,4-methylenedioxymethamphetamine within 1,000 feet of
school;
(bbb) ORS
475.878 - Unlawful manufacture of cocaine within 1,000 feet of school;
(ccc) ORS
475.880 - Unlawful delivery of cocaine;
(ddd) ORS
475.882 - Unlawful delivery of cocaine within 1,000 feet of school;
(eee) ORS
475.888 - Unlawful manufacture of methamphetamine within 1,000 feet of
school;
(fff) ORS
475.890 - Unlawful delivery of methamphetamine;
(ggg) ORS
475.892 - Unlawful delivery of methamphetamine within 1,000 feet of school;
(hhh) ORS
475.904 - Unlawful manufacture or delivery of controlled substance within 1,000 feet of
school; or
(iii) ORS
475.906 - Penalties for distribution to minors.
(6) Subject individuals who have been
convicted of any of the crimes listed in ORS
161.405 or an attempt to commit any of the crimes listed in subsection (5) this rule
shall be refused licensure, certification, or registration.
(7) Subject individuals who have been
convicted of crimes involving the illegal use, sale or distribution of
controlled substances may be refused licensure, certification or
registration.
(8) Subject
individuals who have been convicted of any crimes in any jurisdictions may be
required to furnish evidence satisfactory to the commission of good moral
character, mental and physical health, and such other evidence as it may deem
necessary to establish the applicant's fitness to serve as a licensed educator,
registered charter school educator or certified school nurse.
(9) Evaluations of crimes shall be based on
Oregon laws in effect at the time of conviction, regardless of the jurisdiction
in which the conviction occurred.
(10) If it is appears that a subject
individual has made a false statement or has been convicted of crimes under
subsection (5) or subsection 6 of this rule, the case will be referred to an
investigator for further investigation. All investigation reports generated
under this rule will be reviewed by the Commission pursuant to ORS
342.176.
(11) Subject individuals may be issued a
temporary Emergency License pending the return of the criminal background check
from the Oregon State Police and the Federal Bureau of Investigation.
(12) Only cards and forms approved by the
Commission will be accepted. The Commission will return any incomplete or
incorrectly completed fingerprint cards and associated forms without taking any
other action. It is up to the applicant to resubmit valid fingerprints in order
to have any application for student teaching criminal record clearance,
licensure, registration or certification.
Notes
Statutory/Other Authority: ORS 342 & 181
Statutes/Other Implemented: ORS 342.143, 342.175 - 342.180, 342.223, 342.227 & 181.534
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