Or. Admin. Code § 585-005-0030

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

Section 585-005-0030 - Criminal Records Check Process

(1) Disclosure of Information by subject individual:

(a) Preliminary to a criminal records check, a subject individual shall complete and sign the Commission Criminal Records Request form. The Criminal Records Request form shall require the following information:

(A) Legal name and aliases;

(B) Date of birth;

(C) Social Security Number, driver's license, or other identification card number;

(D) Prior residency in other states; and

(E) Any other identifying information deemed necessary by the authorized designee.

(F) The Commission Criminal Records Request form may also require details concerning any circumstance listed in OAR 585-005-0035(3)(a)-(f).

(b) A subject individual shall complete and submit to Commission the Commission Criminal Records Request form within three (3) business days of receiving the forms. An authorized designee may extend the deadline for good cause.

(c) A subject individual shall submit to fingerprint identification as part of Commission's criminal records check process. The authorized designee will direct the subject individual to an authorized facility to complete the fingerprint identification.

(d) Commission shall not request a subject individual under the age of 18 years submit to fingerprint identification unless Commission also requests the written consent of a parent or guardian. In such case, such parent or guardian and youth must be informed that they are not required to consent. Failure to consent, however, may be construed as a refusal to consent under OAR 585-005-0045(3)(d)(B).

(e) Within a reasonable period of time as established by an authorized designee, a subject individual shall disclose additional information as requested by Commission in order to resolve any issue(s) hindering the completion of a criminal records check.

(2) An authorized designee may conduct, or request that a criminal records check be conducted by OSP for non-criminal justice purposes when:

(a) An individual meets the definition of "subject individual;" or

(b) Required by federal law or regulation, or as a condition of federal funding, by state law or administrative rule, or by contract or written agreement with Commission.

(3) When an authorized designee determines under subsection (2) of this rule that a criminal records check is needed, the authorized designee shall proceed as follows:

(a) The authorized designee shall conduct a LEDS criminal records check on a subject individual as part of any fitness determination.

(b) The authorized designee may request that OSP conduct an Oregon criminal records check and a nationwide criminal records check on a subject individual for non-criminal justice purposes when:

(A) After review of the information provided by the subject individual, the results of a LEDS criminal records check, or review of any other information deemed relevant to the inquiry the authorized designee determines an Oregon criminal records check and nationwide criminal records check are appropriate;

(B) A subject individual has lived outside Oregon for 60 or more consecutive days during the previous three (3) years;

(C) Information provided by the subject individual or the results of a LEDS or Oregon criminal records check provide reason to believe, as determined by an authorized designee, that the subject individual has a criminal history outside of Oregon;

(D) The authorized designee determines that there is reason to question the identity of, or information provided by, a subject individual. Reasonable grounds to question the information provided by a subject individual include, but are not limited to: the subject individual fails to disclose a Social Security Number; the subject individual discloses a Social Security Number that appears to be invalid; or the subject individual does not have an Oregon driver's license or identification card; or

(E) A check is required by federal law or regulation, by state law or administrative rule, or by contract or written agreement with Commission.

Or. Admin. Code § 585-005-0030

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 181A.195 & ORS 346.300

Statutes/Other Implemented: ORS 181A.195 & ORS 346.300