Or. Admin. Code § 863-005-0080

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

Section 863-005-0080 - Recordkeeping and Confidentiality

(1) An authorized designee shall maintain all documents on a criminal background fitness determination or the closing of a criminal background fitness determination due to incompleteness in accordance with applicable archive retention requirements.

(2) Records the Agency receives from the Oregon Department of State Police resulting from a criminal records check, including but not limited to Law Enforcement Data System (LEDS) reports and state or federal criminal offender information originating with the Oregon Department of State Police or the Federal Bureau of Investigation, are confidential pursuant to ORS 181A.195.

(3) Within the Agency, only an authorized designee shall have access to records the Agency receives from the Oregon Department of State Police resulting from a criminal records check.

(4) An authorized designee shall maintain and disclose any records received from the Oregon Department of State Police resulting from a criminal records check in accordance with applicable requirements and restrictions in ORS Chapter 181A and other applicable federal and state laws, rules adopted by the Oregon Department of State Police in OAR chapter 257, division 15, these rules, and any written agreement between the Agency and the Oregon Department of State Police.

(5) If a fingerprint-based criminal records check was conducted on a subject individual, the Agency shall permit that subject individual to inspect the state and federal criminal offender information, unless prohibited by state or federal law.

(6) If a subject individual with a right to inspect criminal offender information under section (5) of this rule requests, the Agency shall provide the subject individual with a copy of the individual's own state and federal criminal offender information, unless prohibited by state or federal law.

(7) In addition to the records described in section (2) of this rule, the Agency shall treat all records received or created under these rules that concern a subject individual's criminal history as confidential pursuant to ORS 181A.195.

(8) Within the Agency, only an authorized designee shall have access to the records identified under section (7) of this rule.

Or. Admin. Code § 863-005-0080

REA 3-2008, f. 6-12-08, cert. ef. 7-1-08; REA 11-2018, minor correction filed 01/05/2018, effective 1/5/2018

Statutory/Other Authority: ORS 181.534, 696.022, 696.790& ORS 181A.195

Statutes/Other Implemented: ORS 181.534