Oregon Administrative Rules
Chapter 736 - PARKS AND RECREATION DEPARTMENT
Division 2 - ADMINISTRATIVE ACTIVITIES
Section 736-002-0042 - Criminal Records Check Process
Universal Citation: OR Admin Rules 736-002-0042
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Disclosure of Information by Subject Individual.
(a) Preliminary to a criminal
records check, a subject individual shall complete and sign the OPRD Criminal
Records Request and, if requested by the Department, a fingerprint card. The
Criminal Records Request form shall require the information provided in OAR
125-007-0220(1),
any other information deemed necessary by the authorized designee and details
concerning any circumstance listed in OAR
125-007-0270.
(b) A subject individual shall complete and
submit the OPRD Criminal Records Request, and, if requested, a fingerprint card
within five business days of receiving the request. An authorized designee may
extend the deadline for good cause.
(c) The Department may not request a
fingerprint card from a subject individual under the age of 18 years except as
provided in OAR 125-007-0220(3).
(d) Within a reasonable period of time, as
established by an authorized designee, a subject individual shall disclose
additional information as requested by the Department in order to resolve any
issue hindering the completion of a criminal records check.
(2) When A Criminal Records Check Is Conducted. An authorized designee may conduct or request the Oregon Department of State Police to conduct a criminal records 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, by
contract or written agreement with the Department, or by Department
policy.
(3) The Type of Criminal Records Check to Conduct. When an authorized designee determines under section (2) that a criminal records check is needed, the authorized designee shall proceed as follows:
(a) LEDS Criminal
Records Check. The authorized designee may conduct a LEDS criminal records
check as part of any fitness determination conducted in regard to a subject
individual.
(b) Oregon Criminal
Records Check. The authorized designee may request the Oregon Department of
State Police to conduct an Oregon criminal records check (fingerprints
required) when:
(A) The authorized designee
determines that an Oregon criminal records check is warranted after review of
the information provided by the subject individual, the results of a LEDS
criminal records check, or other criminal records information; or
(B) The subject individual's job duties
require a fingerprint criminal records check.
(c) Nationwide Criminal Records Check. The
authorized designee may request the Oregon Department of State Police to
conduct a nationwide criminal records check when:
(A) A subject individual has lived outside
Oregon for 60 or more consecutive days during the previous three (3)
years;
(B) Information provided by
the subject individual or the results of a LEDS or Oregon criminal records
check provide reason to believe, as determined by an authorized designee, that
the subject individual has a criminal history outside of Oregon;
(C) As determined by an authorized designee,
there is reason to question the identity of or information provided by a
subject individual. Reasonable grounds to question the information provided by
a subject individual include, but are not limited to: the subject individual
discloses a Social Security Number that appears to be invalid; or the subject
individual does not have an Oregon driver's license or identification
card;
(D) A check is required by
federal law or regulation, by state law or administrative rule, or by contract
or written agreement with the Department;
(E) An Executive Service or Management
Service employee seeks to serve as an authorized designee; or
(F) A subject individual is an employee
working in, moving to, or applying for a position designated under OAR
736-002-0038
(1)(a).
(4) Contracted services. The department may contract with a private vendor to provide confidential criminal record check services on its behalf.
Statutory/Other Authority: ORS 390.124, 390.131, 390.140, 390.200 & ORS 181A.195
Statutes/Other Implemented: ORS 181A.195 & 390.300
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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