Or. Admin. R. 414-061-0110

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

Section 414-061-0110 - Removal Procedures

(1) An individual enrolled in the Central Background Registry shall be removed or suspended from the Registry by the Department if, during the period of enrollment, the individual;

(a) Has been determined not suitable for enrollment in the Registry;

(b) Has misrepresented information or failed to submit requested information or documentation;

(c) Is in a diversion program or similar agreement and has failed to provide written documentation of compliance with the terms of diversion or the agreement; or

(d) Has a disqualifying condition listed in OAR 414-061-0045.

(2) The Department may immediately, and without prior hearing, remove or suspend a subject individual from the Central Background Registry when, in the opinion of the Department, such action is necessary to protect children from physical or mental abuse or a substantial threat to health and safety. Such action may be taken before an investigation is completed.

(3) The Department may reinstate a subject individual in the Central Background Registry if the condition(s) that resulted in the suspension is corrected.

(4) When a subject individual is removed or suspended from the Central Background Registry, the Department will notify the subject individual and the requesting agencies which have inquired about the subject individual's enrollment of the removal or suspension.

(5) A subject individual who has been removed from the Central Background Registry and has not subsequently been re-enrolled shall not be eligible for enrollment in the Registry for five years from the date of removal, except as provided by OAR 414-061-0100(4).

Or. Admin. R. 414-061-0110

CCD 1-1998, f. 9-30-98, cert. ef. 10-1-98; CCD 2-2003, f. 12-5-03 cert. ef. 12-7-03; CCD 5-2004, f. & cert. ef. 11-16-04; CCD 1-2009(Temp), f. 12-30-09, cert. ef. 1-1-10 thru 6-30-10; CCD 1-2010, f. 6-29-10, cert. ef. 7-1-10; ELD 3-2015, f. & cert. ef. 2/3/2015; ELD 7-2016, f. & cert. ef. 12/19/2016; ELD 3-2018, amend filed 02/08/2018, effective 9/30/2018; DELC 12-2023, temporary amend filed 09/28/2023, effective 9/28/2023 through 3/25/2024; DELC 13-2024, amend filed 02/28/2024, effective 2/28/2024

Statutory/Other Authority: ORS 329A.030(7)

Statutes/Other Implemented: ORS 329A.030; HB 2259 (2017) & HB3558 (2023)