Or. Admin. Code § 863-005-0070 - Appeals
(1) A subject
individual may not appeal a criminal background fitness determination or a
decision to close a criminal background fitness determination for reason of
incompleteness.
(2) If a licensing
or registration applicant wishes to, they may complete any additional
pre-licensing/registration requirements and submit a completed
license/registration application together with the required fees. Upon review
of a completed license/registration application, the agency shall issue a
"notice of intent to deny" that describes the reason for the denial. The notice
shall also include information required by OAR
137-003-0505 that describes the
subject individual's right to request a contested case hearing to appeal the
agency's decision.
(3) Contested
case hearings on criminal background fitness determinations shall be closed to
non-participants.
(4) A subject
individual may not use the appeals process established by this rule to
challenge the accuracy or completeness of information provided by the Oregon
Department of State Police, the Federal Bureau of Investigation, or any other
agency reporting information to the Oregon Department of State Police or the
Federal Bureau of Investigation.
(5) Any challenge to any information provided
by the Oregon Department of State Police, the Federal Bureau of Investigation,
or any other agency reporting information to the Oregon Department of State
Police or the Federal Bureau of Investigation must follow the appeal process
prescribed by the reporting agency.
(6) If the subject individual successfully
challenges the accuracy or completeness of any information provided by the
Oregon Department of State Police, the Federal Bureau of Investigation, or an
agency reporting information to the Oregon Department of State Police or the
Federal Bureau of Investigation that the agency relied on to support a decision
to deny a criminal background fitness determination, the subject individual may
request the agency to conduct a new criminal records check and re-evaluate the
original criminal background fitness determination made under OAR
863-005-0020. The subject
individual shall submit a new background check application to the agency within
30 days of the date the Oregon Department of State Police, the Federal Bureau
of Investigation, or an agency reporting information to the Oregon Department
of State Police or the Federal Bureau of Investigation issues a corrected
criminal background report.
Notes
Stat. Auth.: ORS 181.534, 696.022, 696.790
Stats. Implemented: ORS 181.534
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