Oregon Administrative Rules
Chapter 575 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF STUDENT ACCESS AND COMPLETION
Division 7 - CRIMINAL RECORDS CHECK RULES
Section 575-007-0230 - Criminal Records Check Required
Universal Citation: OR Admin Rules 575-007-0230
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Who Conducts Check.
(a) The Commission may request that the
Department of State Police conduct a criminal records check on a subject
individual. If a nationwide criminal records check of a subject individual is
necessary, the Commission may request that the Department of State Police
conduct the check, including fingerprint identification, through the Federal
Bureau of Investigation.
(b) The
Commission may conduct criminal records checks on subject individuals through
the Law Enforcement Data System maintained by the Department of State Police in
accordance with rules adopted, and procedures established, by the Department of
State Police.
(2) When Check is Required (New Checks and Re-checks). A subject individual is required to have a check in the following circumstances:
(a) The person becomes a subject individual
on or after the effective date of these rules;
(b) The individual, subject or not, changes
positions and the new position requires a criminal records check, for example,
through promotion, transfer, demotion, restoration, bumping and
recall;
(c) A criminal records
check is required by federal or state laws or regulations, other rules adopted
by the Commission, or by contract or written agreement with the
Commission;
(d) The Commission has
reason, such as any indication of possible criminal behavior, to believe that a
check is justified;
(e) After July
1, 2006, is a subject individual who is a contractor or who provides services
as a volunteer.
(3) When Check is Not Required. When the subject individual changes positions, a check is not required only under the following:
(a)
The authorized designee determines that the new position requires the same or
less responsibility for functions covered by OAR
575-007-0220(2)(a)-(g);
or
(b) There are no known new
potentially disqualifying crimes, arrests, or conditions.
Stat. Auth.: ORS 348; Ch. 730 2005 OL, HB. 2157 2005 OL
Stats. Implemented: Ch. 730 2005 OL
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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