Or. Admin. Code § 863-003-0005

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

Section 863-003-0005 - Definitions

As used in OAR chapter 863, division 3, unless the context requires otherwise, the following definitions apply:

(1) "Agency" means the State of Oregon Real Estate Agency.

(2) "Approved" means that, pursuant to a criminal background check, an authorized designee has determined that a subject individual is fit to be an employee, contractor, vendor, or volunteer through a criminal background fitness determination.

(3) "Authorized Designee" means a person authorized by the Real Estate Commissioner to obtain and review criminal offender information and other criminal records information about a subject individual through criminal records checks and other means, and to conduct a criminal background fitness determination in accordance with these rules.

(4) "Conviction" means that a court of law has entered 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.

(5) "Criminal Offender Information" means records, including fingerprints and photographs, received, compiled, and disseminated by the Oregon Department of State Police (OSP), or by other states, for purposes of identifying criminal offenders and alleged offenders, and maintained as part of an individual's records of arrests, the nature and disposition of criminal charges, sentencing, and confinement, but does not include records retained by OSP relating to either transfer of inmates (between penal institutions or other correction facilities), or inmate release. It also includes the OSP Computerized Criminal History System.

(6) "Crime Relevant to a Criminal Background Fitness Determination" means a crime listed or described in OAR 863-003-0060.

(7) "Criminal Background Fitness Determination" means a determination made by an authorized designee regarding whether a subject individual is fit to be an employee, contractor, vendor, or volunteer.

(8) "Criminal Records Check and Criminal Background Fitness Determination Rules" or "These Rules" means OAR chapter 863, division 3.

(9) "Criminal Records Check" means obtaining and reviewing criminal records as required or permitted by these rules and includes any or all of the following:

(a) A check of criminal offender information and driving records conducted through the Law Enforcement Data System (LEDS) maintained by the OSP in accordance with the rules adopted and procedures established by OSP (LEDS Computerized Criminal Records Check);

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

(c) A nationwide check of federal criminal offender information, including through fingerprint identification, conducted by the OSP through the Federal Bureau of Investigation or otherwise at the Agency's request (Nationwide Criminal Records Check).

(10) "Denied" means that, pursuant to a preliminary fitness determination under OAR 863-003-0030, or a final fitness determination under OAR 863-003-0050, the Agency has determined that the subject individual is not fit to be an employee, contractor, vendor, or volunteer.

(11) "False Statement" means that, 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.

(12) "Subject Individual", mean an individual identified in OAR 863-003-0010 who is required to complete a criminal history records check pursuant to these rules.

Or. Admin. Code § 863-003-0005

REA 9-2014, f. 4-14-14, cert. ef. 4-28-14; REA 35-2018, amend filed 10/09/2018, effective 10/31/2018

Statutory/Other Authority: ORS 696.385, ORS 696.790 & ORS 181A.195

Statutes/Other Implemented: ORS 696.790 & ORS 181A.195