Or. Admin. Code § 863-003-0020

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

Section 863-003-0020 - Criminal Records Check Process

(1)

(a) A subject individual shall complete an Agency criminal records request and a fingerprint capture. The information may include, but is not limited to: legal name and aliases, date of birth, address and recent residency information, driver license or identification card information, type of work or service being performed, disclosure of criminal history (all arrests, charges, convictions, and offenses), social security number, and any other information deemed necessary by the Agency.

(b) A subject individual must complete and submit to the Agency the Criminal Records Request form and, if requested, a fingerprint card within three business days of receiving the forms. The Agency may extend the deadline for good cause.

(c) The Agency may require additional information from the subject individual as necessary to complete the criminal records check and fitness determination, such as, but not limited to, proof of identity, or additional criminal, judicial, or other background information.

(d) The Agency 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 Agency 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.

(2) When a Criminal Records Check is Conducted. The Agency may conduct, or request the Oregon Department of State Police conduct, a criminal records 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 Agency.

(3) Which Criminal Record Check is Conducted. When the Agency determines under section (2) of this rule that a criminal record check is needed, the Agency may request or conduct a LEDS Computerized Criminal Record Check, an Oregon State Criminal Record Check, a Nationwide Criminal Record Check, or any combination thereof.

Or. Admin. Code § 863-003-0020

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