Or. Admin. Code § 740-060-0045

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

Section 740-060-0045 - Criminal Background Checks

(1) Each carrier must obtain a criminal background check for each employee or any agent representing the carrier whose duties may require contact with the public or entry into a private residence or storage facility for the purpose of providing or facilitating the transportation of household goods. For the purpose of this rule:

(a) Carriers subject to these requirements are referred to as "Subject Employers."

(b) Employees or agents whose duties are described in this rule are referred to as "Subject Individuals."

(c) Criminal background checks must be completed prior to employment of Subject Individual and must be completed every three years.

(2) Criminal Background Check means a public record of court actions regarding the Subject Individual covering each state the Subject Individual has resided in the last five years.

(a) Subject Employers must require each Subject Individual, as a condition of employment, to sign a release authorizing the Subject Employer to obtain the criminal background check required by this rule;

(b) The Department may require Subject Employers to obtain additional criminal background information from law enforcement on Subject Individuals;

(c) Criminal background checks must include a list of offenses that the Subject Employee has been convicted in a court of law and the date of each conviction.

(3) Subject Employers must certify in their annual report due April 1 of each year that they are in compliance with all rules of the department and provide the following information about criminal history check activities:

(a) The number of Subject Individuals on whom criminal history checks were done during the preceding calendar year;

(b) The number of criminal history checks resulting in evidence of a criminal history including:

(A) Information about what was found without identifying the individual by name; and

(B) The Subject Employer's decision as to whether the Subject Individual was hired, or continued in employment, and if so, an explanation as to why.

(4) Subject Individuals may not perform duties which may require contact with the public or entry into a private residence or storage facility for the purpose of providing or facilitating the transportation of household goods if they have been convicted of any felony within the five years preceding the criminal background check. In addition to any felony conviction, Subject Individuals may not have been convicted of a misdemeanor involving:

(a) Theft;

(b) Burglary;

(c) Sexual conduct;

(d) Manufacture, sale or distribution of a controlled substance;

(e) Identity theft or

(f) False statements.

(5) Criminal background checks required by this rule must be retained by the carrier for at least three years from the date obtained.

Or. Admin. Code § 740-060-0045

MCTD 2-2009, f. & cert. ef. 9-29-09; MCTD 5-2013, f. & cert. ef. 6-20-13

Stat. Auth.: 184.616, 184.619, 823.011, 825.232

Stats. Implemented: 825.202, 825.204, 825.224, 825.325