Or. Admin. Code § 585-005-0020

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

Section 585-005-0020 - Definitions

As used in OAR Chapter 585, Division 5, unless the context of the rule requires otherwise, the following definitions apply:

(1) "Approved" means that, pursuant to a preliminary or final fitness determination, the Executive Director or authorized designee has determined that the subject individual is fit to be an employee, volunteer, or contractor.

(2) "Authorized Designee" means a Commission employee authorized to obtain and review criminal offender information and other relevant information about a subject individual through criminal records checks, 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 (OSP) 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 585-005-0050.

(6) "Criminal Records Check and Fitness Determination Rules" or "These Rules" means OAR Chapter 585, Division 5.

(7) "Criminal Records Check" 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 OSP, in accordance with the rules adopted and procedures established by OSP (LEDS criminal records check);

(b) A check of Oregon criminal offender information, including through fingerprint identification, conducted by OSP at Commission's request (Oregon criminal records check); or

(c) A nationwide check of federal criminal offender information, including through fingerprint identification, by OSP through the FBI at Commission's request (Nationwide criminal records check).

(8) "Denied" means that, pursuant to a preliminary fitness determination under OAR 585-005-0035 or a final fitness determination under OAR 585-005-0045, the Executive Director or an authorized designee has determined that the subject individual is not fit to be an employee, volunteer, or contractor of Commission.

(9) "Executive Director" refers to the Executive Director of Commission.

(10) "FBI" means the Federal Bureau of Investigation.

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

(a) Provided Commission with materially false information about their criminal history, such as, but not limited to, materially false information about their identity or conviction record; or

(b) Failed to provide to Commission information material to determining their criminal history.

(12) "Fitness Determination" means a determination made by the Executive Director or an authorized designee pursuant to the process established in OAR 585-005-0035 (preliminary fitness determination) or 585-005-0045 (final fitness determination) that a subject individual is or is not fit to be a Commission employee, volunteer, or contractor.

(13) "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.

(14) " Commission" means the Oregon Commission for the Blind or any subdivision thereof. Commission does not include a criminal justice agency as defined in ORS 181A.195(1)(a)(B).

(15) "Subject Individual" means an individual identified as someone from whom Commission may require fingerprints for the purpose of conducting a criminal records check because the person:

(a) Is applying for employment with Commission; or

(b) Provides services or seeks to provide services to Commission as a volunteer, paid agent, or contractor; and

(c) Is, or will be, working or providing services in a position in which the person:

(A) Is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems;

(B) 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; or

(C) Has access to personal information about employees or members of the public, including Social Security numbers, dates of birth, driver license numbers, medical information, personal financial information or criminal history information.

Or. Admin. Code § 585-005-0020

CFTB 2-2009, f. & cert. ef. 6-11-09; CFTB 2-2021, amend filed 02/23/2021, effective 2/24/2021

Statutory/Other Authority: ORS 181.534 & ORS 346.300

Statutes/Other Implemented: ORS 181.534(9)