Or. Admin. Code § 407-007-0240

Current through Register Vol. 63, No. 11, November 1, 2024

Section 407-007-0240 - QE Designees and QE Initiators

(1) All requirements in this section must be completed within 90 calendar days. To receive BCU approval, a QED must meet the following requirements:

(a) A QED must be one of the following:

(A) Employed by the agency for which the QED will handle criminal records check information.

(B) Contracted with the QE to perform as a QED.

(C) Employed by another similar QE or a parent QE. For example, an assisted living facility QED may act as QED for another assisted living facility.

(D) The licensee of the QE.

(b) A QED must be an approved SI with a record in CRIMS within the past three years for at least one of the QEs for which the QED will manage background checks.

(c) A QED must have:

(A) Competency in computer skills for accessing BCU's online background check systems, entering data, corresponding via email, and managing background check records online;

(B) Work-related access to a desktop or laptop computer and the internet; and

(C) A work-related email account.

(d) A QED must complete a certification program and successfully pass any BCU required testing.

(e) An appointing authority must appoint a QED. The applicant QED must complete and submit required documents and information to BCU for processing and registration.

(2) BCU shall deny the individual's status as a QED if the individual does not meet QED requirements. Once denied, the individual may no longer perform the duties of a QED. There are no exceptions for individuals who fail to meet QED requirements.

(3) An approved QED shall have the following responsibilities:

(a) Demonstrate understanding of and adherence to these rules in all actions pertaining to the background check process.

(b) Act as the Department's designee in any action pursuant to these rules and the background check process. A QED may not advocate for an SI during any part of the background check process, including contesting a fitness determination.

(c) Ensure that adequate measures are taken to protect the confidentiality of the records and documents required by these rules. A QED may not view criminal offender information. A QED may not view abuse investigation reports and associated abuse investigation exhibits or documents as part of the background check process.

(d) Verify the SI's identity or ensure that the same verification requirements are understood by each individual responsible for verifying identity. The QE may verify identity at any time during the hiring or placement process up to the submission of the background check request.

(A) If conducting a background check on the SI for the first time or at rehire of the SI, a QED shall verify identity or ensure identity is verified by using methods which include but are not limited to reviewing the SI's current and valid government-issued photo identification and confirming the information on the photo identification with the SI and with the identifying information included in the background check request and any personnel documents if available.

(B) If an SI is being rechecked for the same QE without any break in placement, service, or employment, review of government-issued photo identification is strongly encouraged. At a minimum, the QED shall verify the SI's name, current address, and any aliases or previous names, or ensure this information is verified.

(e) If conducting a background check on the SI for the first time or at rehire of the SI, ensure that an SI is not permitted to work, volunteer, reside, or otherwise hold any position covered by these rules before the submission of the background check request to BCU.

(f) Initiate and submit an SI's background check in BCU's online system, ensuring completeness and accuracy of information required from the QED. The QED is responsible for monitoring the application for completion by the SI or closing the application if the SI does not complete it.

(g) Know whether an SI may be hired or placed in the position identified in the background check request on a preliminary basis, based on program or Licensing rules, or on federal or state requirements. The QED shall maintain the SI's status in BCU's online background check system regarding hiring or placement prior to a final outcome of the background check request. The QED may request that BCU make a preliminary fitness determination requiring a weighing test. The request must be through CRIMS or in writing.

(h) Know whether an SI who is allowed hiring or placement on a preliminary basis is required to be actively supervised or not. If active supervision is required, the QED is responsible for ensuring that active supervision is understood by each individual responsible for providing such supervision over an SI while the background check is pending.

(i) Ensure that if an SI is revoked from working or placement on a preliminary basis, the SI is immediately removed from the position and remains removed until BCU reinstates hired on a preliminary basis or the completion of a final fitness determination allowing the SI to resume the position.

(j) Ensure that the SI has directions to complete a fingerprint capture and monitor the SI's process in getting the fingerprints taken in a timely manner.

(k) Notify BCU of any changes regarding an SI who still has a background check in process, including but not limited to address or employment status changes.

(l) Monitor the status of background check applications and investigate any delays in processing.

(m) Ensure that the outcome of the background check is followed by the QE and any SI supervisors.

(A) If the background check is closed or withdrawn, the QED must ensure that the SI is immediately removed from the position and is not allowed to start any position with the QE until a new background check is submitted and all background check and program rules requirements have been met.

(B) If the final fitness determination of the background check is approved, the QED must document the hiring of the SI and the permanent hire date in BCU's online background check system if the SI is subject to OAR 407-007-0600 to 407-007-0640.

(C) If the final fitness determination of the background check is a restricted approval, The QED must ensure that the QE and the SI's supervisors are aware of the restrictions in writing so that the restrictions may be followed.

(D) If the background check is not approved, the QED must ensure that the SI is immediately removed from the position and is not allowed to start any new position with the QE until a new background check is completed and approved.

(n) Ensure notification of the SI of any needed action. For example, if BCU notifies the QED that the SI needs fingerprints taken, needs to provide BCU more information, or needs a new background check, the QED will ensure the SI is told about the requirement and the deadline for the requirement.

(o) Ensure that documentation required by these rules is processed and maintained in accordance with these rules. The QED shall maintain required documentation in BCU's online background check system.

(p) Notify BCU immediately if the QED has new a potentially disqualifying conviction or condition.

(4) BCU may change QED status in the following circumstances which include but are not limited to:

(a) When the position with the QE ends or when the QE terminates the appointment. The QE shall notify BCU immediately upon the end of the position or termination of the appointment and BCU shall inactivate QED status.

(b) If a QED fails to comply with responsibilities or fails to continue to meet the requirements for QED status, as applicable. After suspending or revoking the appointment, the QE must immediately notify the BCU. If BCU takes the action to suspend or revoke the appointment, it must immediately notify the QE.

(c) If a QED fails to recertify, BCU shall revoke QED status.

(5) Any changes to QED status are not subject to appeal rights unless the denial or termination results in immediate loss of employment or position. A QED losing employment or position has the same hearing rights as other SIs under these rules.

(6) If a QED leaves employment or position with the QE for any reason, BCU shall inactivate QED status. If the individual finds employment with another QE, BCU shall determine the requirement for reactivation of QED status.

(7) BCU shall review and recertify appointments of QEDs, up to and including a new application, background check, and additional training under the following circumstances:

(a) Every three years; or

(b) At any time BCU has reason to believe the individual no longer meets QED requirements including but not limited to indication of criminal or abusive behavior or noncompliance with these rules.

(8) With BCU approval, QEs may appoint QEIs to enter background check request into BCU's online background check system. QEIs must:

(a) Be currently approved SIs for the QE;

(b) Possess competency in computer skills for accessing BCU's online background check system and entering background check records electronically;

(c) Maintain internet access and working email accounts to access BCU's background check system; and

(d) Meet other criteria and responsibilities as determined by BCU and the QE.

Or. Admin. Code § 407-007-0240

OMAP 8-2004, f. 2-26-04, cert. ef. 3-1-04; OMAP 22-2005, f. & cert. ef. 3-29-05; Renumbered from 410-007-0240, DHSD 8-2007, f. 8-31-07, cert. ef. 9-1-07; DHSD 10-2008, f. 12-26-08, cert. ef. 1-1-09; DHSD 2-2009, f. & cert. ef. 4-1-09; DHSD 7-2009, f. & cert. ef. 10-1-09; DHSD 10-2009, f. 12-31-09, cert. ef. 1-1-10; DHSD 10-2010, f. 10-29-10, cert. ef. 10-31-10; DHSD 1-2011(Temp) f. & cert. ef. 4-15-11 thru 10-11-11; DHSD 7-2011(Temp), f. & cert. ef. 10-12-11 thru 11-1-11; DHSD 8-2011, f. 10-28-11, cert. ef. 11-1-11; DHSD 2-2012(Temp), f. & cert. ef. 2-27-12 thru 8-24-12; DHSD 4-2012, f. & cert. ef. 8-1-12; DHSD 3-2013, f. & cert. ef. 8-1-13; DHSD 2-2014, f. & cert. ef. 12/1/2014; DHSD 5-2016, f. 6-10-16, cert. ef. 6/15/2016; DHSD 2-2020, amend filed 02/10/2020, effective 2/10/2020

Statutory/Other Authority: ORS 181A.200, 409.027 & 409.050

Statutes/Other Implemented: ORS 181A.195, 181A.200, 409.010, 409.027 & 443.004