Or. Admin. Code § 858-010-0034 - Criminal Records Checks and Fitness Determinations
(1) The purpose of this rule is to provide
for the reasonable screening of licensees and applicants for licensure to
determine if they have a history of criminal behavior and are not fit to hold a
license that is issued by the Board.
(2) The following persons ("subject
individuals") must take the steps necessary to complete a nationwide criminal
records check under ORS
181A.195:
(a) All applicants for licensure;
and
(b) Licensees under
investigation by the Board, when the Board has a rational reason to determine
if the licensee has a history of criminal behavior.
(3) To complete a criminal records check,
each subject individual must:
(a) Respond
completely and truthfully to all of the Board's character and fitness
questions;
(b) Provide fingerprints
pursuant to ORS 181A.170 (additional
fingerprints may be required if the initial fingerprints are
rejected);
(c) Provide personal
information necessary to obtain the criminal records check pursuant to OAR
125-007-0220; and
(d) Pay to the Board the actual cost of
acquiring and furnishing the criminal offender information.
(4) Any original fingerprint cards
will subsequently be destroyed in accordance with ORS
181A.195.
(5) The Board will make a final fitness
determination based on criminal offender information and any other pertinent
information obtained by the Board, including any false statements or omissions
made by the subject individual, and other factors pursuant to ORS
181A.195(10)(c)
and OAR 125-007-0260 to
125-007-0270. The Board may make
a fitness determination conditional upon the subject individual's acceptance of
probation, conditions, limitations, or other restrictions upon
licensure.
(6) If a subject
individual refuses to consent to the criminal records check or refuses to be
fingerprinted, the Board will deny the licensure application or revoke the
license.
(7) Criminal offender
information is confidential and will not be disseminated by the Board except to
persons with a demonstrated and legitimate need to know the information,
including:
(a) The Board will permit the
subject individual to inspect their own state and national criminal offender
records and, if requested, provide the subject individual with a copy of their
own state and national criminal offender records.
(b) Criminal records information may be used
as exhibits during a contested case hearing process.
(8) A subject individual may appeal an
adverse final fitness determination pursuant to OAR
125-007-0300. Challenges to the
accuracy or completeness of criminal records information must be made to the
reporting agency and not to the Board or through the contested case
process.
(9) If the subject
individual successfully contests the accuracy or completeness of criminal
records information, the Board will conduct a new criminal records check and
re-evaluate the fitness determination.
Notes
Statutory/Other Authority: ORS 181A.195, 676.303 & 675.070
Statutes/Other Implemented: ORS 181A.170, 181A.195, 181A.215, 670.280, 676.303 & 675.070
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