Oregon Administrative Rules
Chapter 575 - HIGHER EDUCATION COORDINATING COMMISSION, OFFICE OF STUDENT ACCESS AND COMPLETION
Division 7 - CRIMINAL RECORDS CHECK RULES
Section 575-007-0340 - Record Keeping, Confidentiality
Universal Citation: OR Admin Rules 575-007-0340
Current through Register Vol. 63, No. 9, September 1, 2024
(1) LEDS Reports.
(a) Confidentiality. All LEDS reports are
confidential and must be maintained by the authorized designee in accordance
with applicable Oregon State Police requirements in ORS chapter 181 and the
rules adopted pursuant thereto. (NOTE: See OAR chapter 257, division 15).
(A) Authorized Designee Access. LEDS reports
are confidential and may only be shared with another authorized designee if
there is a need to know consistent with these rules.
(B) Subject Individual Access.
(i) The subject individual must be allowed to
inspect the LEDS report if the subject individual requests to see it. The LEDS
report, and photocopies of the LEDS report, must not be given to the subject
individual, with the following exception:
(ii) If a fingerprint-based criminal records
check was conducted on the subject individual, then the subject individual
shall not only be permitted to inspect the individual's own state and national
criminal offender records, but if requested by the subject individual, be
provided with a copy of those same records.
(b) Retention. LEDS reports must be retained
and destroyed in accordance with records retention schedules published by
Oregon State Archives.
(2) National (FBI) Information.
(a) Confidentiality and Dissemination.
(A) National criminal information provided by
the FBI is confidential and may not be disseminated by the Commission, with the
following exception:
(B) If a
fingerprint-based criminal records check was conducted on the subject
individual, then the subject individual shall not only be permitted to inspect
the individual's own state and national criminal offender records, but if
requested by the subject individual, be provided with a copy of those same
records.
(b) Retention.
FBI reports must be retained and destroyed in accordance with records retention
schedules published by Oregon State Archives and in accordance with federal
law.
(3) Fingerprint Cards:
(a) The Federal Bureau of
Investigation (FBI) shall return or destroy the fingerprint cards used to
conduct the criminal records check and may not keep any record of the
fingerprints. If the FBI policy authorizing return or destruction of the
fingerprint cards is changed, the Department of State Police shall cease to
send the cards to the FBI but shall continue to process the information through
other available resources.
(b) If
the FBI returns the fingerprint cards to the Department of State Police, the
Commission shall destroy the fingerprint cards and shall retain no facsimiles
or other material from which a fingerprint can be reproduced.
(c) If only a state criminal records check is
conducted, the Department of State Police shall destroy the fingerprint cards
after the criminal records check is completed and the results of the criminal
records check are provided to the Commission and shall retain no facsimiles or
other material from which a fingerprint can be reproduced.
(4) OSAC Criminal Records Request Forms and Other Documentation.
(a)
Confidentiality. All completed OSAC Criminal Records Request forms must be kept
confidential and disseminated only on a need-to-know basis.
(b) Retention. OSAC Criminal Records Request
forms and other records documenting the criminal records check and used in the
fitness determination must be retained and destroyed in accordance with records
retention schedules published by Oregon State Archives and implemented by
Department of Administrative Services, Human Resources Division.
(5) OSAC History Database. Commission maintains a database regarding criminal records checks.
(a) Data. The authorized designee will
maintain a system of information regarding criminal records checks for
volunteers and contractor who have been active within the past three years.
(b) Confidentiality. Records
maintained under section (4) of this rule are confidential and are only
disseminated by the Commission as allowed by these rules and in accordance with
the rules of the Oregon State Police (OSP).
(c) Retention. Information maintained in the
database must be retained and destroyed in accordance with records retention
schedules published by Oregon State Archives and in accordance with federal
law.
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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