Current through Register Vol. 63, No. 3, March 1, 2024
(1) Disclosure of Information by Subject
Individual.
(a) Preliminary to a criminal
history check, a subject individual shall complete an ODFW Criminal History
Request form and, if requested by the Department, a fingerprint capture. The
Criminal History Request form may include, but not limited to: legal name and
aliases, date of birth, Social Security Number, driver license or
identification card number, address, and residency information, disclosure of
criminal history (all arrests, charges, convictions and offenses), and any
other information deemed necessary by the Department. The ODFW Criminal History
Request form may also require details concerning any circumstance listed in OAR
635-600-0030.
(b) A subject
individual shall complete and submit to the Department the ODFW Criminal
History Request form and, if requested, a fingerprint capture within three
business days of receiving the forms. The Department may extend the deadline
for good cause.
(c) The Department
shall not request a fingerprint capture 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.
(d) The
Department may require additional information from the subject individual as
necessary to complete the criminal history check and fitness determination,
such as, but not limited to, proof of identity; or additional criminal,
judicial, or other background information. Within a reasonable period of time
as established by the Department, a subject individual shall disclose
additional information as requested by the Department.
(2) When a Criminal History Check is
Conducted. The Department may conduct, or request that the Oregon Department of
State Police conduct, a criminal history check when:
(a) An individual meets the definition of
"subject individual"; or
(b)
Required by federal law or regulation, by state law or administrative rule, or
by contract or written agreement with the Department.
(3) Which Criminal History Check(s) Is
Conducted. When the Department determines under subsection (2) of this rule
that a criminal history check is needed, the Department may request or conduct
a LEDS Criminal History Check, an Oregon Criminal History Check, a Nationwide
Criminal History Check, or any combination thereof.
