Or. Admin. R. 575-007-0230

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

Section 575-007-0230 - Criminal Records Check Required

(1) Who Conducts Check.

(a) The Commission may request that the Department of State Police conduct a criminal records check on a subject individual. If a nationwide criminal records check of a subject individual is necessary, the Commission may request that the Department of State Police conduct the check, including fingerprint identification, through the Federal Bureau of Investigation.

(b) The Commission may conduct criminal records checks on subject individuals through the Law Enforcement Data System maintained by the Department of State Police in accordance with rules adopted, and procedures established, by the Department of State Police.

(2) When Check is Required (New Checks and Re-checks). A subject individual is required to have a check in the following circumstances:

(a) The person becomes a subject individual on or after the effective date of these rules;

(b) The individual, subject or not, changes positions and the new position requires a criminal records check, for example, through promotion, transfer, demotion, restoration, bumping and recall;

(c) A criminal records check is required by federal or state laws or regulations, other rules adopted by the Commission, or by contract or written agreement with the Commission;

(d) The Commission has reason, such as any indication of possible criminal behavior, to believe that a check is justified;

(e) After July 1, 2006, is a subject individual who is a contractor or who provides services as a volunteer.

(3) When Check is Not Required. When the subject individual changes positions, a check is not required only under the following:

(a) The authorized designee determines that the new position requires the same or less responsibility for functions covered by OAR 575-007-0220(2)(a)-(g); or

(b) There are no known new potentially disqualifying crimes, arrests, or conditions.

Or. Admin. R. 575-007-0230

OSAC 4-2006, f. & cert. ef. 11-1-06

Stat. Auth.: ORS 348; Ch. 730 2005 OL, HB. 2157 2005 OL

Stats. Implemented: Ch. 730 2005 OL