Current through Register Vol. 63, No. 9, September 1, 2024
(1) When a Criminal Records Check is
Required. The Department may conduct, or request the Oregon State Police to
conduct, a criminal records check when:
(a)
An individual meets the definition of a subject individual; or
(b) Required by federal law or regulation, by
state or administrative rule, or by contract or written agreement with the
Department.
(2) Which
Criminal Records Check is Conducted. When the Department determines under
section (1) Of this rule that a criminal records check is needed, the
Department may request or conduct a LEDS Criminal Records Check, an Oregon
Criminal Records Check, a Nationwide Criminal Records Check, or any combination
thereof.
(3) Disclosure of
Information by Subject Individual.
(a) Prior
to a criminal records check, an individual shall complete and sign the
Department's Criminal Records Request form and, if requested by the Department,
a fingerprint card within three business days of receiving the forms. The
Department may extend the deadline for good cause. The Department's criminal
records request form will require the following information: name, birth date,
social security number, physical characteristics, driver's license or
identification card number and current address, prior residency in other
states, military history, and any other identifying information deemed
necessary by the Department.
(b)
The Department may require additional information from the subject individual
as necessary to complete the criminal records check and fitness determination,
such as, but not limited to, proof of identity; or additional criminal,
judicial, or other background information.
(c) The Department shall not request a
fingerprint card from a subject individual under the age of 18 years unless the
subject individual is emancipated pursuant to ORS
419B.550 et seq, or unless the
Department also requests the written consent of a parent or guardian. In such
case, such parent or guardian and youth must be informed that they are not
required to consent. Notwithstanding, failure to consent may be construed as a
refusal to consent under OAR 274-006-0011(3).
Stat. Auth.: ORS
181.534,
406.030 & 2009 SB 94
Stats. Implemented: ORS
181.534,
406.030 & 2009 SB
94
