Or. Admin. Code § 813-004-0210

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

Section 813-004-0210 - Definitions

As used in OAR chapter 813, division 4, unless the context of the rule requires otherwise, the following definitions apply:

(1) Agency: Oregon Housing and Community Services.

(2) Conviction: A final judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere (no contest) or any determination of guilt entered by a court of law against a subject individual in a criminal case, unless that judgment has been reversed or set aside by a subsequent court decision.

(3) Fitness determination: A determination made by the Agency, pursuant to the process established under OAR 813-004-0230, that a subject individual is fit or not fit to be an Agency employee, volunteer, contractor or vendor in a position covered by OAR 813-004-0220.

(4) Criminal offender information: Records and related data concerning physical description and vital statistics, fingerprints received and compiled by the Oregon Department of State Police to identify criminal offenders and alleged offenders, records of arrests and the nature and disposition of criminal charges, including sentencing, confinement, parole and release records.

(5) Criminal records check: One or more of the following three processes undertaken by the Agency to check the criminal history of a subject individual:

(a) A name-based check of criminal offender information conducted through the Law Enforcement Data System (LEDS) maintained by the Oregon Department of State Police, in accordance with the rules adopted and procedures established by the Oregon Department of State Police;

(b) A check of Oregon criminal offender information, through fingerprint identification and other means, conducted by the Oregon Department of State Police at the Agency's request (Oregon Criminal Records Check); or

(c) A nationwide check of federal criminal offender information, through fingerprint identification and other means, conducted by the Oregon Department of State Police through the Federal Bureau of Investigation or otherwise at the Agency's request (Nationwide Criminal Records Check).

(6) Criminal records request form: An Agency-approved form, completed by a subject individual, requesting the Agency to conduct a criminal records check.

(7) False statement: In association with an activity governed by these rules, a subject individual either:

(a) Provided the Agency with false information about the subject individual's criminal history, including but not limited to false information about the individual's identity or conviction record; or

(b) Failed to provide the Agency information material to determining the individual's criminal history.

(8) Subject Individual: An individual identified in OAR 813-004-0220 as someone from whom the Agency may require a criminal records check.

Or. Admin. Code § 813-004-0210

OHCS 1-2013, f. & cert. ef. 1-4-13

Stat. Auth.: ORS 181.534 & 456.135

Stats. Implemented: ORS 181.534 & 456.569