Current through Register Vol. 63, No. 3, March 1, 2024
(1) The Department has determined that
serious felonies and misdemeanors involving violence or unauthorized sexual
conduct, especially with children or otherwise vulnerable persons, is
fundamentally inconsistent with any responsibility for care of children.
Conviction of crimes listed in Category I of this rule shall disqualify a
subject individual from being enrolled in the Central Background Registry,
unless the subject individual provides sufficient evidence of suitability as
described in section (10) of this rule.
(a)
The Department will consider conviction of the following crimes for 15 years or
less prior to the date the subject individual signed the Application for
Enrollment in the Department's Central Background Registry. The 15 years will
run from the date of arrest, citation, charge, or conviction whichever is
later.
(A) 163.515 Bigamy.
(B) 164.225 Burglary in the first
degree.
(C) 163.275
Coercion.
(D) 163.200 Criminal
mistreatment in the second degree.
(E) 166.270 Possession of weapons by certain
felons.
(F) 166.720 Racketeering
activity unlawful; penalties.
(G)
164.405 Robbery in the second degree.
(H) 164.395 Robbery in the third
degree.
(I) 163.445 Sexual
misconduct.
(J) 163.732
Stalking.
(K) 162.185 Supplying
contraband.
(L) 166.220 Unlawful
use of weapon.
(M) 163.257
Custodial interference in the first degree.
(b) The Department will consider conviction
of the following crimes for 20 years or less prior to the date the subject
individual signed the Application for Enrollment in the Department's Central
Background Registry. The 20 years will run from the date of arrest, citation,
charge, or conviction whichever is later.
(A)
166.087 Abuse of corpse in the first degree.
(B) 166.085 Abuse of corpse in the second
degree.
(C) 475.908 Causing another
person to ingest a controlled substance.
(D) 475B.367 Causing another person to ingest
marijuana.
(E) 163.205 Criminal
mistreatment in the first degree.
(F) 163.145 Criminally negligent
homicide.
(G) 162.165 Escape in the
first degree.
(H) 163.693 Failure
to report child pornography.
(I)
181.812 Failure to report as sex offender; defense.
(J) 166.429 Firearms used in
felony.
(K) 163.525
Incest.
(L) 166.165 Intimidation in
the first degree.
(M) 166.155
Intimidation in the second degree.
(N) 163.125 Manslaughter in the second
degree.
(O) 166.382 Possession of
destructive device prohibited; exceptions.
(P) 166.275 Possession of weapons by inmates
of institutions.
(Q) 167.012
Promoting prostitution.
(R) 167.090
Publicly displaying nudity or sex for advertising purposes.
(S) 163.355 Rape in the third
degree.
(T) 164.415 Robbery in the
first degree.
(U) 167.062
Sadomasochistic abuse or sexual conduct in live show.
(V) 167.212 Tampering with drug
records.
(W) 164.075 Theft by
extortion.
(X) 163.479 Unlawful
contact with a child.
(Y) 166.384
Unlawful manufacture of destructive device.
(Z) 166.660 Unlawful paramilitary
activity.
(AA) 166.272 Unlawful
possession of machine guns, certain short-barreled firearms and firearms
silencers.
(BB) 163.212 Unlawful
use of an electrical stun gun, tear gas or mace in the second degree.
(CC) 163.476 Unlawfully being in a location
where children regularly congregate.
(c) The Department will consider the
following crimes regardless of the length of time since the conviction.
(A) 167.820 Concealing the birth of an
infant.
(B) 167.080 Displaying
obscene materials to minors.
(C)
167.341 Encouraging sexual assault of an animal.
(D) 167.075 Exhibiting an obscene performance
to a minor.
(E) 167.057 Luring a
minor.
(F) 166.370 Possession of
firearm or dangerous weapon in public building or court facility exception;
discharging a firearm in a school.
(G) 433.010 Spreading disease prohibited;
health certificates to be issued by physicians; rules.
(H) 163.264 Subjecting another person to
involuntary servitude in the first degree.
(I) 163.263 Subjecting another person to
involuntary servitude in the second degree.
(J) 163.213 Unlawful use of an electrical
stun gun, tear gas or mace in the first degree.
(2) The Department has further determined
that felonies and misdemeanors involving theft, fraud, or deception, crimes
against the state and public justice, and major traffic violations may
substantially jeopardize the safety of children and are inconsistent with any
position of unsupervised contact with children or otherwise vulnerable persons.
If any subject individual was convicted of a crime listed in Category II of
this rule, the Department will seek to obtain and review information on all
intervening circumstances and other background information related to criminal
activity, subject to section (10) of this rule. The Department will make a
determination whether an individual is suitable for enrollment in the Central
Background Registry based on all information available.
(a) The Department will consider conviction
of the following crimes for 5 years or less prior to the date the subject
individual signed the Application for Enrollment in the Department's Central
Background Registry. The 5 years will run from the date of arrest, citation,
charge, or conviction whichever is later.
(A)
162.015 Bribe giving.
(B) 162.025
Bribe receiving.
(C) 162.275 Bribe
receiving by a witness.
(D) 162.265
Bribing a witness.
(E) 162.335
Compounding.
(F) 811.182 Criminal
driving while suspended or revoked; penalties.
(G) 164.354 Criminal mischief in the second
degree.
(H) 192.865 Criminal
penalty (192.852 Prohibition on obtaining actual address or telephone number;
prohibition on disclosure by employee of public body).
(I) 165.022 Criminal possession of a forged
instrument in the first degree.
(J)
165.017 Criminal possession of a forged instrument in the second
degree.
(K) 165.032 Criminal
possession of a forgery device.
(L)
164.245 Criminal trespass in the second degree.
(M) 166.025 Disorderly conduct in the second
degree.
(N) 830.475 Duties of
operators and witnesses at accidents (failure to perform the duties of an
operator of a boat).
(O) 162.145
Escape in the third degree.
(P)
162.205 Failure to appear in the first degree.
(Q) 162.195 Failure to appear in the second
degree.
(R) 811.705 Failure to
perform duties of driver to injured persons; penalty (hit and run,
injury).
(S) 811.700 Failure to
perform duties of driver when property is damaged; penalty (hit and run,
property).
(T) 165.007 Forgery in
the second degree.
(U) 418.630
Foster home must be certified as approved.
(V) 165.570 Improper use of emergency
reporting system.
(W) 162.375
Initiating a false report.
(X)
165.572 Interference with making a report.
(Y) 162.257 Interfering with a firefighter or
emergency medical services provider.
(Z) 162.247 Interfering with a peace officer
or parole and probation officer.
(AA) 166.116 Interfering with public
transportation.
(BB) 418.327
Licensing of certain schools and organizations offering residential programs;
fees; rules.
(CC) 166.095
Misconduct with emergency telephone calls.
(DD) 162.425 Misuse of confidential
information.
(EE) 166.450
Obliteration or change of identification number on firearms.
(FF) 162.235 Obstructing governmental or
judicial administration.
(GG)
162.415 Official misconduct in the first degree.
(HH) 162.405 Official misconduct in the
second degree.
(II) 167.431
Participation in cockfighting.
(JJ)
167.370 Participation in dogfighting.
(KK) 162.065 Perjury.
(LL) 165.070 Possessing fraudulent
communications device.
(MM) 164.235
Possession of a burglary tool or theft device.
(NN) 164.335 Reckless burning.
(OO) 811.140 Reckless driving;
penalty.
(PP) 811.231 Reckless
endangerment of highway workers; penalties.
(QQ) 830.315 Reckless operation; speed
(boat).
(RR) 162.315 Resisting
arrest.
(SS) 165.090 Sports bribe
receiving.
(TT) 165.085 Sports
bribery.
(UU) 411.675 Submitting
wrongful claim for payment of public assistance or medical
assistance.
(VV) 162.295 Tampering
with physical evidence.
(WW)
162.305 Tampering with public records.
(XX) 164.045 Theft in the second
degree.
(YY) 166.649 Throwing an
object off an overpass in the second degree.
(ZZ) 033.045 Types of sanctions (Contempt of
Court).
(AAA) 162.175 Unauthorized
departure.
(BBB) 165.074 Unlawful
factoring of payment card transaction.
(CCC) 165.810 Unlawful possession of a
personal identification device.
(DDD) 165.813 Unlawful possession of
fictitious identification.
(EEE)
411.840 Unlawfully obtaining or disposing of supplemental nutrition
assistance.
(FFF) 411.630
Unlawfully obtaining public assistance or medical assistance.
(GGG) 811.060 Vehicular assault of bicyclist
or pedestrian; penalty.
(HHH)
163.750 Violating a court's stalking protective order.
(b) The Department will consider conviction
of the following crimes for 7 years or less prior to the date the subject
individual signed the Application for Enrollment in the Department's Central
Background Registry. The 7 years will run from the date of arrest, citation,
charge, or conviction whichever is later.
(A)
163.196 Aggravate driving while suspended or revoked.
(B) 167.340 Animal abandonment.
(C) 167.330 Animal neglect in the first
degree.
(D) 167.325 Animal neglect
in the second degree.
(E) 166.240
Carrying of concealed weapons.
(F)
164.365 Criminal mischief in the first degree.
(G) 166.023 Disorderly conduct in the first
degree.
(H) 813.010 Driving under
the influence of intoxicants; penalty.
(I) 314.075 Evading requirements of law
prohibited (tax evasion).
(J)
475.918 Falsifying drug test results.
(K) 813.011 Felony driving under the
influence of intoxicants; penalty.
(L) 811.540 Fleeing or attempting to elude
police officer; penalty.
(M)
166.065 Harassment- if against a child.
(N) 609.098 Maintaining dangerous
dog.
(O) 830.325 Operating boat
while under influence of intoxicating liquor or controlled substance.
(P) 163.195 Recklessly endangering another
person.
(Q) 162.285 Tampering with
a witness.
(R) 166.090 Telephonic
harassment.
(S) 166.651 Throwing an
object off an overpass in the first degree.
(T) 164.135 Unauthorized use of a
vehicle.
(U) 166.250 Unlawful
possession of firearms.
(V) 167.808
Unlawful possession of inhalants.
(W) 133.310 Authority of peace officer to
arrest without warrant (Violation of restraining order).
(c) The Department will consider conviction
of the following crimes for 10 years or less prior to the date the subject
individual signed the Application for Enrollment in the Department's Central
Background Registry. The 10 years will run from the date of arrest, citation,
charge, or conviction whichever is later.
(A)
165.803 Aggravated identity theft.
(B) 167.315 Animal abuse in the second
degree.
(C) 164.215 Burglary in the
second degree.
(D) 165.581 Cellular
counterfeiting in the first degree.
(E) 167.428 Cockfighting.
(F) 164.377 Computer crime.
(G) 162.365 Criminal impersonation.
(H) 162.367 Criminal impersonation of peace
officer.
(I) 164.138 Criminal
possession of a rented or leased motor vehicle.
(J) 164.255 Criminal trespass in the first
degree.
(K) 164.265 Criminal
trespass while in possession of a firearm.
(L) 163.245 Custodial interference in the
second degree.
(M) 167.365
Dogfighting.
(N) 165.013 Forgery in
the first degree.
(O) 165.055
Fraudulent use of a credit card.
(P) 165.800 Identity theft.
(Q) 167.355 Involvement in animal
fighting.
(R) 166.470 Limitations
and conditions for sales of firearms.
(S) 164.162 Mail theft or receipt of stolen
mail.
(T) 163.190
Menacing.
(U) 164.098 Organized
retail theft.
(V) 166.190 Pointing
firearm at another; courts having jurisdiction over offense.
(W) 819.300 Possession of a stolen vehicle;
penalty.
(X) 162.369 Possession of
false law enforcement identification card.
(Y) 163.467 Private indecency.
(Z) 685.990 Penalties (pertaining to
naturopathic medicine).
(AA)
677.080 Prohibited acts (regarding the practice of medicine).
(BB) 475B.329 Prohibition regarding person
who is visibly intoxicated; prohibition against allowing consumption of
marijuana by person under 21 years of age on private property;
penalty.
(CC) 471.410 Providing
liquor to person under 21 or to intoxicated person; allowing consumption by
minor on property; mandatory minimum penalties.
(DD) 689.527 Prohibited practices; rules
(pertaining to pharmacy technicians and practitioners).
(EE) 166.480 Sale or gift of explosives to
children.
(FF) 164.085 Theft by
deception.
(GG) 164.095 Theft by
receiving.
(HH) 164.055 Theft in
the first degree.
(II) 164.125
Theft of services.
(JJ) 164.272
Unlawful entry into a motor vehicle.
(d) The Department will consider conviction
of the following crimes for 15 years or less prior to the date the subject
individual signed the Application for Enrollment in the Department's Central
Background Registry. The 15 years will run from the date of arrest, citation,
charge, or conviction whichever is later.
(A)
167.322 Aggravated animal abuse in the first degree.
(B) 166.070 Aggravated harassment.
(C) 164.057 Aggravated theft in the first
degree.
(D) 167.320 Animal abuse in
the first degree.
(E) 475B.359
Arson incident to manufacture of cannabinoid extract in first degree.
(F) 475B.363 Arson incident to manufacture of
cannabinoid extract in second degree.
(G) 163.160(1)-(2) Assault in the fourth
degree.
(H) 163.208 Assaulting a
public safety officer.
(I) 167.339
Assaulting a law enforcement animal.
(J) 167.008 Commercial sexual
solicitation.
(K) 475.900 Crime
category classification; proof of commercial drug offense.
(L) 475.962 Distribution of equipment,
solvent, reagent, or precursor substance with intent to facilitate manufacture
of controlled substance.
(M)
164.172 Engaging in a financial transaction in property derived from unlawful
activity.
(N) 162.155 Escape in the
second degree.
(O) 475.955 Failure
to report missing precursor substances.
(P) 475.950 Failure to report precursor
substance transaction.
(Q) 167.222
Frequenting a place where controlled substances are used.
(R) 162.325 Hindering prosecution.
(S) 475.960 Illegally selling drug
equipment.
(T) 167.352 Interfering
with an assistance, a search and rescue or a therapy animal.
(U) 167.337 Interfering with law enforcement
animal.
(V) 163.700 Invasion of
personal privacy.
(W) 164.170
Laundering a monetary instrument.
(X) 165.117 Metal property transaction
records; prohibited conduct; commercial sellers; penalties.
(Y) 166.180 Negligently wounding
another.
(Z) 475.967 Possession of
precursor substance with intent to manufacture controlled substance.
(AA) 475.977 Possession or disposing of
methamphetamine manufacturing waste.
(BB) 475.914 Prohibited acts for registrants;
penalties.
(CC) 475.752 Prohibited
acts generally; penalties; affirmative defense for certain peyote uses; causing
death by Schedule IV substance.
(DD) 475.916 Prohibited acts involving
records and fraud; penalties.
(EE)
475B.333 Prohibition against giving marijuana item as prize; penalty.
(FF) 475B.227 Prohibition against importing
or exporting marijuana items.
(GG)
475B.311 Prohibition against producing, processing or storing homemade
cannabinoid extracts.
(HH) 167.007
Prostitution.
(II) 475.920
Providing drug test falsification equipment.
(JJ) 475.965 Providing false information on
precursor substance report or record.
(KK) 163.465 Public indecency.
(LL) 166.015 Riot.
(MM) 475.973 Rulemaking authority regarding
products containing ephedrine, pseudoephedrine and phenylpropanolamine;
records.
(NN) 475.525 Sale of drug
paraphernalia prohibited; definition of drug paraphernalia;
exceptions.
(OO) 166.005
Treason.
(PP) 475.870 Unlawful
delivery of 3,4-methylenedioxymethamphetamine.
(QQ) 475.880 Unlawful delivery of
cocaine.
(RR) 475.850 Unlawful
delivery of heroin.
(SS) 475.810
Unlawful delivery of hydrocodone.
(TT) 475.912 Unlawful delivery of imitation
controlled substance.
(UU) 475B.346
Unlawful delivery of marijuana item.
(VV) 475.820 Unlawful delivery of
methadone.
(WW) 475.890 Unlawful
delivery of methamphetamine.
(XX)
475.830 Unlawful delivery of oxycodone.
(YY) 475.866 Unlawful manufacture of
3,4-methylenedioxymethamphetamine.
(ZZ) 475.876 Unlawful manufacture of
cocaine.
(AAA) 475.846 Unlawful
manufacture of heroin.
(BBB)
475.806 Unlawful manufacture of hydrocodone.
(CCC) 475.856 Unlawful manufacture of
marijuana.
(DDD) 475.816 Unlawful
manufacture of methadone.
(EEE)
475.886 Unlawful manufacture of methamphetamine.
(FFF) 475.826 Unlawful manufacture of
oxycodone.
(GGG) 475B.337 Unlawful
possession by person 21 years of age or older.
(HHH) 475B.341 Unlawful possession by person
under 21 years of age.
(III)
475.814 Unlawful possession of hydrocodone.
(JJJ) 475.824 Unlawful possession of
methadone.
(KKK) 475.834 Unlawful
possession of oxycodone.
(LLL)
475.874 Unlawful possession of 3,4-methylenedioxymethamphetamine.
(MMM) 475.971 Unlawful possession of
anhydrous ammonia.
(NNN) 475.884
Unlawful possession of cocaine.
(OOO) 475.854 Unlawful possession of
heroin.
(PPP) 475.975 Unlawful
possession of iodine in its elemental form; recording transfers; unlawful
distribution of iodine in its elemental form.
(QQQ) 475.976 Unlawful possession of iodine
matrix; recording transfers; unlawful distribution of iodine matrix.
(RRR) 475.979 Unlawful possession of lithium
metal or sodium metal.
(SSS)
475.894 Unlawful possession of methamphetamine.
(TTT) 475.969 Unlawful possession of
phosphorus.
(e) The
Department will consider conviction of the following crimes for 20 years or
less prior to the date the subject individual signed the Application for
Enrollment in the Department's Central Background Registry. The 20 years will
run from the date of arrest, citation, or conviction whichever is later.
(A) 475B.371 Administration to another person
under 18 years of age.
(B) 475.910
Application of controlled substance to the body of another person;
prohibition.
(C) 475.906 Penalties
for unlawful delivery to minors.
(D) 475.744 Providing hypodermic device to
minor prohibited; exception.
(E)
475.872 Unlawful delivery of 3,4-methylenedioxymethamphetamine within 1,000
feet of school.
(F) 475.882
Unlawful delivery of cocaine within 1,000 feet of school.
(G) 475.852 Unlawful delivery of heroin
within 1,000 feet of school.
(H)
475.812 Unlawful delivery of hydrocodone within 1,000 feet of school.
(I) 475.822 Unlawful delivery of methadone
within 1,000 feet of school.
(J)
475.892 Unlawful delivery of methamphetamine within 1,000 feet of
school.
(K) 475.832 Unlawful
delivery of oxycodone within 1,000 feet of school.
(L) 475.868 Unlawful manufacture of
3,4-methylenedioxymethamphetamine within 1,000 feet of school.
(M) 475.878 Unlawful manufacture of cocaine
within 1,000 feet of school.
(N)
475.848 Unlawful manufacture of heroin within 1,000 feet of school.
(O) 475.808 Unlawful manufacture of
hydrocodone within 1,000 feet of school.
(P) 475.818 Unlawful manufacture of methadone
within 1,000 feet of school.
(Q)
475.888 Unlawful manufacture of methamphetamine within 1,000 feet of
school.
(R) 475.828 Unlawful
manufacture of oxycodone within 1,000 feet of school.
(S) 475.904 Unlawful manufacture or delivery
of controlled substance within 1,000 feet of school.
(3) These rules also apply to:
(a) A crime in another jurisdiction which is
the substantial equivalent of a crime listed in Category I and II;
(b) An adjudication of guilt by reason of
insanity, of an act that is the substantial equivalent of a crime listed in
Category I and II;
(c) An
adjudication by a juvenile court that a youth has committed an act that is the
substantial equivalent of a crime listed in Category I and II;
(d) Any attempts, conspiracies or
solicitations to commit any Felony or Misdemeanor crime listed in Category I
and II;
(e) A new crime, adopted by
the legislature following the most recent amendment of these rules, which is
the substantial equivalent of any crimes listed in Category I and II;
(f) Any crime that is no longer codified in
Oregon, but which is the substantial equivalent of any of the crimes listed in
Category I and II;
(g) Any felony
in Oregon Revised Statutes not listed in Category I and II that is serious and
indicates behavior that poses a threat or jeopardizes the safety of vulnerable
persons, as determined by the Department;
(h) Any misdemeanor in Oregon Revised
Statutes not listed in Category I and II that is serious and indicates behavior
that poses a threat or jeopardizes the safety of vulnerable persons, as
determined by the Department; and
(i) Evaluations of crimes shall be based on
Oregon laws in effect at the time of conviction, regardless of the jurisdiction
in which the conviction occurred.
(10) Factors to be
considered in determining suitability, based on information available to the
Department and information provided by the subject individual, include:
(a) The nature of the child abuse and
neglect, foster care, adult protective services, or criminal history;
(b) The facts that support the child abuse
and neglect, foster care, adult protective services, or criminal history or
that indicate the making of a false statement;
(c) The relevancy of the child abuse and
neglect, foster care, adult protective services, criminal history, or false
statement to the individual's enrollment in the Central Background Registry;
and
(d) Intervening circumstances
relevant to the individual's enrollment in the Central Background Registry,
including but not limited to:
(A) The passage
of time since the child abuse and neglect, foster care, adult protective
services, or criminal history;
(B)
The age of the individual at the time of the child abuse and neglect, foster
care, adult protective services, or criminal history;
(C) The likelihood of repetition of the
incident or the commission of another crime;
(D) The existence of subsequent child abuse
and neglect, foster care, adult protective services, or criminal
history;
(E) The recommendation of
an employer, if provided;
(F) For
criminal history, whether the conviction was set aside or overturned and the
legal effect of that setting aside or overturning; and
(G) For child abuse and neglect, foster care,
or adult protective services, whether the subject individual has had an
opportunity to contest the abuse finding through the agency or entity that made
the finding and, if so, the status of any such challenge.
Table referenced are available from the
agency.
