Or. Admin. Code § 585-005-0065

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

Section 585-005-0065 - Recordkeeping and Confidentiality

(1) The Executive Director or an authorized designee shall document a preliminary or final fitness determination, or the closing of a fitness determination file due to incompleteness in writing. Written documentation of the notice of outcome of fitness determination shall be provided to the subject individual and, if the subject individual is approved for employment with Commission following a preliminary or final fitness determination, shall be retained in the subject individual's file until the expiration of the six-month trial period of employment with Commission.

(2) Records Received from Commission and OSP:

(a) Records Commission receives from a criminal records check, including but not limited to LEDS reports and state or federal criminal offender information originating with OSP or the FBI, are confidential pursuant to ORS 181A.195(12) and federal laws and regulations;

(b) Only Commission's authorized designees shall have access to records Commission receives in response to a criminal records check, including records obtained from OSP;

(c) An authorized designee shall have access to records received in response to a criminal records check, including from OSP, 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 in response to a criminal records check in accordance with applicable requirements and restrictions in ORS Chapter 181A and other applicable federal and state laws, rules adopted by OSP pursuant thereto, these rules, federal regulations, and any written agreement between Commission and OSP;

NOTE: See OAR Chapter 257, Division 15.

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

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

(3) Other Records:

(a) Commission 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 Criminal Records Request forms, as confidential pursuant to ORS 181A.195(12);

(b) Within Commission, 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 they have 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 § 585-005-0065

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 346.300 & ORS 181A.195

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