Or. Admin. Code § 259-008-0015

Current through Register Vol. 63, No. 10, October 1, 2024

Section 259-008-0015 - Background Investigation

(1) A background investigation must be conducted by a public or private safety agency on each individual being considered for employment or utilization as a public safety professional or instructor, as defined in OAR 259-008-0080, to determine if the applicant is of good character.

(2) The background investigation must include, but is not limited to, investigation into the following:

(a) Criminal history and arrests;

(b) Department of Motor Vehicles (DMV) records;

(c) Drug and alcohol use;

(d) Education verification;

(e) Employment history;

(f) Military history verification;

(g) Personal and professional references. Personal and professional references may include, but are not limited to, friends, associates, family members, and neighbors;

(h) Personal Interview. The personal interview may occur before or after the investigation and may be used to clarify discrepancies in the investigation;

(i) Department of Public Safety Standards and Training Professional Standards records;

(j) Residential history;

(k) Work eligibility; and

(l) Records checks, which may include, but are not limited to:

(A) Police records, district attorney, court and Oregon Judicial Information Network (OJIN) records;

(B) Open sources or social media, as permitted by law; and

(C) Financial information, as permitted by law.

(3) Each individual being considered for employment or utilization as a public safety professional or instructor must provide a personal history statement. The statement must include, but is not limited to:

(a) Verification of the background information referred to in section (2);

(b) A complete list of all public or private safety agencies an individual has applied with;

(c) A signed declaration acknowledging under penalty of perjury that all of the information the applicant has provided during the background investigation and in the personal history statement is true and correct to the best of the applicant's knowledge; and

(d) A signed release allowing background investigation information to be shared with other public or private safety agencies in which the applicant may become affiliated with.

(4) Results of the background investigation on all public safety professionals and instructors must be retained by the public or private safety agency in accordance with the Secretary of State's Record Retention Schedule and must be available for review at any reasonable time by the Department.

Or. Admin. Code § 259-008-0015

PS 1-1983, f. & ef. 12-15-83; Renumbered from 259-010-0021, PS 1-1990, f. & cert. ef. 2-7-90; PS 2-1995, f. & cert. ef. 9-27-95; PS 10-1997(Temp), f. & cert. ef. 11-5-97; BPSST 1-1998, f. & cert. ef. 5-6-98; BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98; BPSST 3-1998, f. & cert. ef. 6-30-98; DPSST 1-2010, f. & cert. ef. 1-11-10; DPSST 2-2010, f. & cert. ef. 3-15-10; DPSST 31-2014, f. & cert. ef. 12/29/2014; DPSST 4-2016, f. 3-22-16, cert. ef. 4/1/2016; DPSST 7-2019, amend filed 07/26/2019, effective8/1/2019; DPSST 3-2020, amend filed 01/30/2020, effective 2/15/2020; DPSST 6-2023, amend filed 04/27/2023, effective 7/1/2023

Statutory/Other Authority: ORS 181A.410

Statutes/Other Implemented: ORS 181A.410