Or. Admin. Code § 137-007-0210

Current through Register Vol. 63, No. 12, December 1, 2024

Section 137-007-0210 - Definitions

As used in OAR chapter 137, division 007, unless the context of the rule requires otherwise, the following definitions apply:

(1) "Approved" means that, pursuant to a preliminary fitness determination under OAR 137-007-0240 or a final fitness determination under 137-007-0260, an authorized designee has determined that the subject individual is fit to be an employee, volunteer, or contractor in a position covered by 137-007-0220(2)(a)-(c).

(2) "Authorized Designee" means a Department employee authorized to obtain and review criminal offender information and other relevant information about a subject individual through criminal records checks and other means, and to conduct a fitness determination in accordance with these rules.

(3) "Conviction" or "Convicted of" means that a court of law has entered a final judgment on a verdict or a finding of guilty, a plea of guilty, or a plea of nolo contendere (no contest) against a subject individual in a criminal case, unless that judgment has been reversed or set aside by a subsequent court decision.

(4) "Criminal Offender Information" means records and related data as to physical description and vital statistics, fingerprints received and compiled by the Oregon Department of State Police Bureau of Criminal Identification for purposes of identifying criminal offenders and alleged offenders, records of arrests and the nature and disposition of criminal charges, including conviction, pleas, sentencing, confinement, probation, parole, and release.

(5) "Crime Relevant to a Fitness Determination" means a crime listed or described in OAR 137-007-0270.

(6) "Criminal Records Check and Fitness Determination Rules" or "These Rules" means OAR chapter 137, division 007.

(7) "Criminal Records Check" or "CRC" means one or more of the following three processes undertaken to check the criminal history of a subject individual:

(a) A name-based check of criminal offender information and motor vehicle registration and driving records conducted through use of the Law Enforcement Data System (LEDS) maintained by the Oregon Department of State Police, in accordance with the rules adopted and procedures established by the Oregon Department of State Police (LEDS Criminal Records Check);

(b) A check of Oregon criminal offender information, including through fingerprint identification, conducted by the Oregon Department of State Police at the Department's request (Oregon Criminal Records Check); or

(c) A nationwide check of federal criminal offender information, including through fingerprint identification, conducted by the Oregon Department of State Police through the Federal Bureau of Investigation or otherwise at the Department's request (Nationwide Criminal Records Check).

(8) "Denied" means that, pursuant to a preliminary fitness determination under OAR 137-007-0240 or a final fitness determination under 137-007-0260, an authorized designee has determined that the subject individual is not fit to be an employee, volunteer, or contractor in a position covered by 137-007-0220(2)(a)-(c).

(9) "Department" means the Department of Justice or any subdivision thereof. "Department" does not include a criminal justice agency as defined in ORS 181.534(1)(a)(B).

(10) "False Statement" means that, in association with an activity governed by these rules, a subject individual either:

(a) Provided the Department with materially false information about his or her criminal history, such as, but not limited to, materially false information about his or her identity or conviction record; or

(b) Failed to provide to the Department information material to determining his or her criminal history.

(11) "Fitness Determination" means a determination made by an authorized designee pursuant to the process established in OAR 137-007-0240 (preliminary fitness determination) or 137-007-0260 (final fitness determination) that a subject individual is or is not fit to be a Department employee in a position covered by 137-007-0220(2)(a)-(c).

(12) "Family Member" means a spouse, domestic partner, natural parent, foster parent, adoptive parent, stepparent, child, foster child, adopted child, stepchild, sibling, 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.

(13) "Subject Individual" means an individual identified in OAR 137-007-0220 as someone from whom the Department may require fingerprints for the purpose of conducting a criminal records check.

Or. Admin. Code § 137-007-0210

DOF 6-2007, f. & cert ef. 9-5-07

Stat. Auth.: ORS 181.534, 180.267

Stats. Implemented: ORS 181.534(9)