Or. Admin. Code § 863-005-0005

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

Section 863-005-0005 - Definitions

As used in OAR chapter 863, division 5 unless the context requires otherwise, the following definitions apply:

(1) "Agency" means the State of Oregon Real Estate Agency.

(2) "Authorized Designee" means a person authorized by the Real Estate Commissioner to obtain and review criminal offender information and other criminal records information about a subject individual through criminal records checks and other means, and to conduct a criminal background fitness determination in accordance with these rules.

(3) "Conviction" means that a court of law has entered a final judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere (no contest) against a subject individual in a criminal case, unless that judgment has been reversed or set aside by a subsequent court decision.

(4) "Criminal Background Clearance" means that, pursuant to a criminal background check, an authorized designee has determined that a subject individual is trustworthy and competent to be a licensee through a criminal background fitness determination.

(5) "Criminal Offender Information" includes:

(a) Records and related data concerning physical description and vital statistics;

(b) Fingerprints received and compiled by the Oregon Department of State Police to identify criminal offenders and alleged offenders;

(c) Records of arrests; and

(d) The nature and disposition of criminal charges, including sentencing, confinement, parole and release records.

(6) "Crime Relevant to a Criminal Background Fitness Determination" means a crime listed or described in OAR 863-005-0030.

(7) "Criminal Records Check and Criminal Background Fitness Determination Rules" or "These Rules" means OAR chapter 863, division 5.

(8) "Criminal Records Check" means any of the following three processes undertaken by the Agency to check the criminal history of a subject individual:

(a) A check of criminal offender information and motor vehicle registration and driving records conducted through the Law Enforcement Data System (LEDS) maintained by the Oregon Department of State Police, in accordance with the Department's rules;

(b) A check of Oregon criminal offender information through fingerprint identification and other means conducted by the Oregon Department of State Police at the Agency's request (Oregon Criminal Records Check); or

(c) A nationwide check of federal criminal offender information through fingerprint identification and other means conducted by the Oregon Department of State Police through the Federal Bureau of Investigation or otherwise at the Agency's request (Nationwide Criminal Records Check).

(9) "Denied" means that, following a criminal background fitness determination under OAR 863-005-0020, an authorized designee has determined that a subject individual is not trustworthy and competent to hold a license or registration.

(10) "False Statement" means that, in association with an activity governed by these rules, a subject individual either:

(a) Provided the Agency with false information about the subject individual's criminal history, including, but not limited to, false information about the individual's identity or conviction record; or

(b) Failed to provide the Agency information material to determining the individual's criminal history.

(11) "Fingerprint Card" means a form prescribed by the Oregon Department of State Police and Federal Bureau of Investigation.

(12) "Criminal Background Fitness Determination" means a determination made by an authorized designee pursuant to the process established in OAR 863-005-0020 whether a subject individual is trustworthy and competent to be a licensee or registrant.

(13) "Licensee" means a principal real estate broker, a real estate broker, a real estate property manager as defined in ORS 696.010, or a real estate marketing organization licensed under 696.606. Licensee shall also mean an escrow agent as defined in 696.505(5).

(14) "Other Criminal Records Information" means any information, in addition to criminal offender information, sought or obtained by the Agency about a subject individual and used by the Agency to determine the individual's criminal history.

(15) "Registrant" means a person registered as a membership camping contract broker or salesperson as provided in ORS 94.980.

(16) "Subject Individual" means an applicant for a license or renewal of a license under ORS 696.020, a real estate marketing organization license under 696.606, an escrow agent license or renewal under 696.511, a membership camping contract broker or salesperson registrant under 94.980 as someone from whom the Agency may require fingerprints in order for the agency to conduct a criminal records check.

Or. Admin. Code § 863-005-0005

REA 3-2008, f. 6-12-08, cert. ef. 7-1-08; REA 6-2018, minor correction filed 01/05/2018, effective 1/5/2018

Statutory/Other Authority: ORS 181.534, 696.022 & 696.790

Statutes/Other Implemented: ORS 181.534