Or. Admin. Code § 407-007-0410

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

Section 407-007-0410 - Definitions

In addition to the definitions in OAR 125-007-0210 and 407-007-0010, the following definitions apply to OAR 407-007-400 to 407-007-0460:

(1) "Closed case" means an abuse check that has been closed without a fitness determination.

(2) "Director" means the Department's Director or designee.

(3) "Founded or substantiated" has the meanings given in the Department's administrative rules corresponding to the setting in which the abuse was alleged or investigated.

(4) "Potentially disqualifying abuse" means abuse in which the finding of an abuse investigation report is founded or substantiated and the subject individual is determined to have been responsible for the abuse. If formal review or appeal rights are offered to the alleged perpetrator (the subject individual), BCU may consider the abuse as potentially disqualifying after these rights are completed or timed out.

(5) "Subject individual (SI)" means an individual on whom the Department may conduct an abuse check. An SI includes any of the following:

(a) A Department employee.

(b) An individual who has been offered employment by the Department.

(c) An individual secured by the Department through the services of a temporary employment agency, staffing agency, or personnel services agency who is providing any of the duties or having access as described in OAR 407-007-0060(3).

(d) A Department client who is placed in the Work Experience or JOBS Plus program at a Department site.

(e) An individual who provides or seeks to provide services to the Department at Department facilities, sites, or offices as a contractor, subcontractor, vendor, volunteer under Department direction and control, or student under Department direction and control who:

(A) May have contact with clients;

(B) Has access to personal information about employees of the Department, clients, or members of the public, including but not limited to Social Security numbers, dates of birth, driver license numbers, medical information, personal financial information, or criminal background information;

(C) Has access to information the disclosure of which is prohibited by state or federal laws, rules, or regulations or information that is defined as confidential under state or federal laws, rules, or regulations;

(D) Has access to property held in trust or to private property in the temporary custody of the state;

(E) Has payroll or fiscal functions or responsibility for:

(i) Receiving, receipting or depositing money or negotiable instruments;

(ii) Billing, collections, setting up financial accounts, or other financial transactions; or

(iii) Purchasing or selling property;

(F) Provides security, design or construction services for government buildings, grounds, or facilities;

(G) Has access to critical infrastructure or secure facilities information; or

(H) Is providing information technology services and has control over or access to information technology systems.

(f) Any individual applying for employment or a volunteer placement or any employee, volunteer, contractor, or employee of any contractor in any of the following:

(A) A State-operated or Authority-contracted secure residential treatment facility;

(B) A State-operated residential training home within the Department's Stabilization and Crisis Unit (SACU);

(C) Oregon State Hospital.

Or. Admin. Code § 407-007-0410

DHSD 8-2009(Temp), f. & cert. ef. 10-1-09 thru 3-29-10; DHSD 2-2010, f. & cert. ef. 3-29-10; DHSD 15-2017, amend filed 11/29/2017, effective 12/1/2017; DHSD 16-2017, temporary amend filed 12/27/2017, effective 01/01/2018 through 06/29/2018; DHSD 10-2018, amend filed 06/29/2018, effective 6/29/2018; DHSD 2-2020, amend filed 02/10/2020, effective 2/10/2020

Statutory/Other Authority: ORS 409.027, 409.050 & 413.036

Statutes/Other Implemented: ORS 409.027, 409.050, 413.036 & 409.025