Oregon Administrative Rules
Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT
Division 4 - MEDIATION COMMUNICATIONS; CRIMINAL RECORDS CHECK
Section 813-004-0230 - Criminal Records Check Process
Universal Citation: OR Admin Rules 813-004-0230
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 must complete and sign the Agency criminal
records request and a fingerprint card.
(b) A subject individual must complete and
submit to the Agency the Criminal Records Request form and, if requested, a
fingerprint card within three business days of receiving the forms. The Agency
may extend the deadline for good cause. The Agency's criminal records request
form will require the following information:, name, birth date, social security
number, physical characteristics, driver's license or identification card
number and current address, prior residences in other states and any other
identifying information deemed necessary by the Agency.
(c) The Agency may require additional
information from the subject individual as necessary to complete the criminal
records check and fitness determination, such as, but not limited to, proof of
identity; or additional criminal, judicial, or other background
information.
(d) The Agency shall
not request a fingerprint card 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
Agency 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 under OAR 813-004-0250(3).
(2) When a Criminal Records Check is Required. The Agency may conduct, or request the Oregon State Police to conduct, a criminal records check when:
(a)
An individual meets the definition of a subject individual; or
(b) Required by federal law or regulation, by
state or administrative rule, or by contract or written agreement with the
Agency.
(3) Which Criminal Records Check is Conducted. When the Agency determines under section (2) of this rule that a criminal records check will be done, the Agency may request or conduct a LEDS Criminal Records Check, an Oregon Criminal Records Check, a Nationwide Criminal Records Check, or any combination thereof.
Stat. Auth.: ORS 181.534 & 456.135
Stats. Implemented: ORS 181.534 & 456.569
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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