Or. Admin. Code § 137-007-0310

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

Section 137-007-0310 - Recordkeeping and Confidentiality

(1) An authorized designee shall document a preliminary or final fitness determination, or the closing of a fitness determination due to incompleteness, in writing.

(2) Records Received from the Department's Criminal Justice Division and the Oregon Department of State Police:

(a) Records the Department receives from the Department's Criminal Justice Division and the Oregon Department of State Police resulting from a criminal records check, including but not limited to LEDS reports and state or federal criminal offender information originating with the Oregon Department of State Police or the Federal Bureau of Investigation, are confidential pursuant to ORS 181.534(15) and federal laws and regulations;

(b) Only the Department's authorized designees shall have access to records the Department receives from the Department's Criminal Justice Division and the Oregon Department of State Police resulting from a criminal records check;

(c) An authorized designee shall have access to records received from the Department's Criminal Justice Division and the Oregon Department of State Police in response to a criminal records check only if the authorized designee has a demonstrated and legitimate need to know the information contained in the records;

(d) Authorized designees shall maintain and disclose records received from the Department's Criminal Justice Division and the Oregon Department of State Police resulting from a criminal records check in accordance with applicable requirements and restrictions in ORS Chapter 181 and other applicable federal and state laws, rules adopted by the Oregon Department of State Police pursuant thereto, these rules, federal regulations, and any written agreement between the Department and the Oregon Department of State Police;

(e) If a fingerprint-based criminal records check was conducted with regard to a subject individual, the Department shall permit that subject individual to inspect his or her own state and federal criminal offender information, unless prohibited by federal law;

(f) If a subject individual with a right to inspect criminal offender information under subsection (e) Requests, the Department shall provide the subject individual with a copy of the individual's own state and federal criminal offender information, unless prohibited by federal law. The Department shall require sufficient identification from the subject individual to determine his or her identity prior to providing this criminal offender information to him or her. The Department shall require that the subject individual sign a receipt confirming his or her receipt of the criminal offender information.

(3) Other Records:

(a) The Department shall treat all criminal offender information received or created under these rules that concern the criminal history of a subject individual, other than records covered under section (2) of this rule, including Department of Justice Criminal Records Request forms and fingerprint cards, as confidential pursuant to ORS 181.534(15);

(b) Within the Department, only authorized designees shall have access to the records identified under subsection (a);

(c) An authorized designee shall have access to records identified under subsection (a) only if the authorized designee has a demonstrated and legitimate need to know the information contained in the records;

(d) Except as otherwise provided by law, a subject individual shall have access to records identified under subsection (a) pursuant to and only to the extent required by the terms of the Public Records Law.

Or. Admin. Code § 137-007-0310

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

Stat. Auth.: ORS 181.534, 180.267

Stats. Implemented: ORS 181.534(9)