Or. Admin. Code § 635-600-0015

Current through Register Vol. 63, No. 10, October 1, 2024

Section 635-600-0015 - Criminal History Check Process

(1) Disclosure of Information by Subject Individual.

(a) Preliminary to a criminal history check, a subject individual shall complete an ODFW Criminal History Request form and, if requested by the Department, a fingerprint capture. The Criminal History Request form may include, but not limited to: legal name and aliases, date of birth, Social Security Number, driver license or identification card number, address, and residency information, disclosure of criminal history (all arrests, charges, convictions and offenses), and any other information deemed necessary by the Department. The ODFW Criminal History Request form may also require details concerning any circumstance listed in OAR 635-600-0030.

(b) A subject individual shall complete and submit to the Department the ODFW Criminal History Request form and, if requested, a fingerprint capture within three business days of receiving the forms. The Department may extend the deadline for good cause.

(c) The Department shall not request a fingerprint capture from a subject individual under the age of 18 years unless the subject individual is emancipated pursuant to ORS 419B.550 et seq, or unless the Department 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. Notwithstanding, failure to consent may be construed as a refusal to consent.

(d) The Department may require additional information from the subject individual as necessary to complete the criminal history check and fitness determination, such as, but not limited to, proof of identity; or additional criminal, judicial, or other background information. Within a reasonable period of time as established by the Department, a subject individual shall disclose additional information as requested by the Department.

(2) When a Criminal History Check is Conducted. The Department may conduct, or request that the Oregon Department of State Police conduct, a criminal history check when:

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

(b) Required by federal law or regulation, by state law or administrative rule, or by contract or written agreement with the Department.

(3) Which Criminal History Check(s) Is Conducted. When the Department determines under subsection (2) of this rule that a criminal history check is needed, the Department may request or conduct a LEDS Criminal History Check, an Oregon Criminal History Check, a Nationwide Criminal History Check, or any combination thereof.

Or. Admin. Code § 635-600-0015

DFW 40-2008, f.&cert. ef. 4-24-08; DFW 20-2018, amend filed 02/14/2018, effective 2/14/2018

Statutory/Other Authority: ORS 181A.195 & ORS 496.121

Statutes/Other Implemented: ORS 496.121 & ORS 181A.195