Or. Admin. R. 331-030-0004

Current through Register Vol. 63, No. 8, August 1, 2024

Section 331-030-0004 - Fingerprinting, State and Nationwide Criminal Background Checks, Fitness Determinations

(1) The Office may conduct and require completion of a fingerprint and criminal background check to determine fitness of individuals applying for an authorization issued or renewed by the Office. These will be provided on prescribed forms provided by the Office. At the discretion of the Office, background checks may be conducted for any of the programs administered by the Office.

(2) Fingerprints may be obtained at a law enforcement office or at a private service acceptable to the Office. The Office will forward fingerprints to the Department of Oregon State Police for checks against state and national data sources. Any original fingerprint cards subsequently will be destroyed by the department.

NOTE: An applicant must pay the department any fees assessed for conducting the fingerprint service. An applicant must arrange for the report of the fingerprint check to be mailed directly to the Health Licensing Office, Regulatory Operations Division.

(3) The Office will conduct a criminal background check of all applicants in accordance with ORS 181A.195, OAR 125-007-0200 through 127-007-0330. If an applicant has a criminal conviction, a fitness determination to hold an Office-issued authorization will be made in accordance with the requirements of ORS 181A.195 and ORS 670.280.

(4) In order to conduct the Oregon and national criminal history check and fitness determination, the Office may require additional information from the authorization holder or applicant. Information requested may include but is not limited to, proof of identity; residential history; names used while living at each residence; or additional criminal, judicial or other background information.

(5) If the Office determines an applicant or authorization holder is unfit, the individual is entitled to a contested case process pursuant to ORS 183. Challenges to the accuracy or completeness of information provided by the Oregon State Police, Federal Bureau of Investigation and agencies reporting information must be made through the Oregon State Police, Federal Bureau of Investigation, or reporting agency, and not through the contested case process pursuant to ORS 183.

(6) If the applicant discontinues the application process or fails to cooperate with the criminal history background check the Office considers the application incomplete.

Or. Admin. R. 331-030-0004

HLA 1-2009, f. & cert. ef. 6-1-09; HLO 71-2018, amend filed 04/30/2018, effective 5/1/2018

Statutory/Other Authority: ORS 25.785, ORS 305.385, 42 USC § 405(C)(2)(C)(i), 42 USC § 666(a)(13), ORS 670.280, ORS 676.303, ORS 676.565, ORS 676.575, ORS 676.615, ORS 681.700-681.730 & ORS 181A.195

Statutes/Other Implemented: ORS 25.785, ORS 305.385, 42 USC § 405(C)(2)(C)(i), 42 USC § 666(a)(13), ORS 670.280, ORS 676.303, ORS 676.565, ORS 676.575, ORS 676.615, ORS 681.700-681.730 & ORS 181A.195