Or. Admin. Code § 855-102-0100 - State and National Criminal Background Checks for Licensure and Registration

(1) The purpose of this rule is to provide for the reasonable screening of applicants for licensure and individuals subject to investigation by the board, in order to determine if they have a history of criminal behavior such that they are not fit to be granted or retain a license or registration issued by the board.

(2) "Subject individual" means a person from whom the board may require legible fingerprints for the purpose of a state or nationwide criminal records check and fitness determination. In this rule, subject individual means applicants for licensure or renewal of a license and individuals subject to an investigation by the board.

(3) Criminal records checks and fitness determinations are conducted according to ORS 181A.170, ORS 181A.190, ORS 181A.195, ORS 670.280, ORS 676.303, OAR 125-007-0210, OAR 125-007-0220, OAR 125-007-0250, OAR 125-0070260, OAR 125-007-0270, OAR 125-007-0300, OAR 125-007-0310, and OAR 125-007-0330.

(a) The board will request that the Oregon Department of State Police conduct a state and nationwide criminal records check, using fingerprint identification of subject individuals. The board may conduct state criminal records checks on subject individuals and any licensee through the Law Enforcement Data System maintained by the Oregon Department of State Police in accordance with rules adopted, and procedures established, by the Oregon Department of State Police. Criminal history information obtained from the Law Enforcement Data System must be handled in accordance with ORS Chapter 181A, OAR 257-010 and OAR 257-015 and applicable Oregon Department of State Police procedures.

(b) The applicant or licensee must disclose all arrests, charges, and convictions regardless of the outcome or date of occurrence. Disclosure includes any military or criminal records.

(c) The board may require additional information from the applicant or licensee, such as, but not limited to, proof of identity, previous names, residential history or additional criminal, judicial or other background information.

(4) In making licensing fitness determinations subject to the requirements of ORS 670.280, the board will consider the following:

(a) The nature of any criminal record that reflects:

(A) Drug or alcohol offense;

(B) Felony;

(C) Misdemeanor;

(D) U.S. military or international crime;

(E) Offense involving fraud, theft, identity theft or other instance of dishonesty;

(F) Offense involving violation of federal importation or customs laws or rules;

(G) Offense requiring registration as a sex offender;

(H) Condition of parole, probation, or diversion program, or

(I) Unresolved arrest, charge, pending indictment or outstanding warrant.

(b) Intervening circumstances relevant to the responsibilities and circumstances of the license or registration. Intervening circumstances include but are not limited to:

(A) The passage of time since the commission of the crime;

(B) The age of the subject individual at the time of the crime;

(C) The likelihood of a repetition of offenses or of the commission of another crime;

(D) The subsequent commission of another relevant crime;

(E) Whether the conviction was set aside and the legal effect of setting aside the conviction; and

(F) A recommendation of an employer.

(c) The facts that support the conviction or indictment, or that indicate the making of a false statement;

(d) The relevancy, if any, of the crime or the false statement to the specific requirements of the subject individual's license or registration; and

(e) Any false statement or omission made to the board regarding the individual's criminal history.

(f) Any refusal to submit or consent to a criminal record check including a refusal to provide fingerprint identification;

(g) Any other pertinent information obtained as part of an investigation.

(h) The board must evaluate a crime or offense on the basis of the law of the jurisdiction in which the crime or offense occurred.

(i) Under no circumstances must an applicant be denied under these rules because of a juvenile record that has been expunged or set aside pursuant to ORS 419A.260 and ORS 419A.262.

(j) Under no circumstances must an applicant be denied under these rules due to the existence or contents of an adult record that has been set aside pursuant to ORS 137.225.

(5) Criminal offender information is confidential. Dissemination of information received under this rule may only be made to people with a demonstrated and legitimate need to know the information. When the information is part of the investigation of an applicant or licensee, it is confidential pursuant to ORS 676.175. Any fingerprint cards used to conduct a check must be destroyed by either the Federal Bureau of Investigation or the Oregon Department of State Police as specified in ORS 181A.195.

(6) The board will permit the subject individual for whom a fingerprint-based criminal records check was conducted to inspect the individual's own state and national criminal offender records and, if requested by the subject individual, provide the individual with a copy of the individual's own state and national criminal offender records.

(7) If an applicant, licensee or registrant is denied a license, they are entitled to a contested case hearing pursuant to ORS chapter 183.

(8) A challenge to the accuracy or completeness of information provided by the Oregon Department of State Police, Federal Bureau of Investigation and agencies reporting information must be made through the Oregon Department of State Police, Federal Bureau of Investigation or reporting agency and not through the contested case process.

(9) Request for re-evaluation following correction. If the subject individual successfully contests the accuracy or completeness of information provided by the Oregon Department of State Police, the Federal Bureau of Investigation or other agency reporting information to the board, the board will conduct a new criminal history check and re-evaluate the criminal history upon submission of a new criminal history request form.

(10) The applicant or licensee must pay a criminal records check fee for the actual cost of acquiring and furnishing the criminal offender information.

Notes

Or. Admin. Code § 855-102-0100

BP 14-2023, adopt filed 08/15/2023, effective 3/1/2024

Statutory/Other Authority: ORS 181A.195, ORS 676.303, ORS 689.205

Statutes/Other Implemented: ORS 181A.170, ORS 181A.195, ORS 181A.215, ORS 676.175, ORS 676.303