Current through Register Vol. 63, No. 9, September 1, 2024
(1) An
authorized designee shall make a fitness determination about an applicant based
on information provided by the applicant under OAR
836-072-0010, any LEDS-based
criminal history check or other criminal history check conducted and any false
statements made by the applicant.
(2) When making a fitness determination about
an applicant, an authorized designee shall also consider the factors in this
section in relation to information provided by the applicant under OAR
836-072-0010, any LEDS-based
criminal history report or criminal offender information obtained through a
criminal records check and any false statement made by the applicant. To assist
in considering these factors, the authorized designee may obtain other criminal
records information from the applicant or any other source, including law
enforcement agencies or courts within or outside of Oregon. To acquire other
criminal offender information from the applicant, an authorized designee may
request a meeting with the applicant and may request from the applicant written
materials or authorization to obtain criminal offender information. The
applicant must meet with the authorized designee if requested and provide
additional information or authorization within a reasonable period of time, as
established by the authorized designee. The authorized designee shall use all
collected information in considering the following factors:
(a) Whether the applicant has been convicted
of, found guilty except for insanity (or a comparable disposition) of, or has a
pending indictment for a crime listed in OAR
836-072-0020;
(b) The nature of any crime identified under
subsection (a) of this section;
(c)
The facts that support the conviction, finding of guilty except for insanity or
pending indictment;
(d) The facts
that indicate the applicant made a false statement;
(e) The relevance, if any, of a crime
identified under subsection (a) of this section or of a false statement made by
the applicant to the specific requirements of the applicant's present or
proposed employment; and
(f) The
following intervening circumstances, to the extent that they are relevant to
the responsibilities and circumstances of the license application or renewal
for which the fitness determination is being made:
(A) The passage of time since the commission
or alleged commission of a crime identified under subsection (a) of this
section;
(B) The age of the
applicant at the time of the commission or alleged commission of a crime
identified under subsection (a) of this section;
(C) The likelihood of a repetition of
offenses or of the commission of another crime;
(D) The subsequent commission of another
crime listed in OAR 836-072-0020;
(E) Whether a conviction identified under
subsection (a) of this section has been set aside or pardoned, and the legal
effect of setting aside the conviction or of a pardon;
(F) A recommendation of an
employer;
(G) The disposition of a
pending indictment identified under subsection (a) of this section;
(H) Whether the applicant has been arrested
for or charged with a crime listed under OAR
836-072-0020 within the last
five years;
(I) Whether the
applicant is being investigated, or has an outstanding warrant, for a crime
listed under OAR 836-072-0020;
(J) Whether the applicant is currently on
probation, parole or another form of post-prison supervision for a crime listed
under OAR 836-072-0020;
(K) Whether the applicant has a deferred
sentence or conditional discharge or is participating in a diversion program in
connection with a crime listed under OAR
836-072-0020;
(L) Whether the applicant has been
adjudicated in a juvenile court and found to be within the court's jurisdiction
for an offense that would have constituted a crime listed in OAR
836-072-0020 if committed by an
adult, unless that adjudication has been reversed or set aside by a subsequent
court decision;
(M) Periods of
incarceration of the applicant;
(N)
Whether the applicant has a history of drug or alcohol abuse that relates to
the applicant's criminal activity, and the applicant's history of treatment or
rehabilitation for such abuse; and
(O) The education and work history (paid or
volunteer) of the applicant since the commission or alleged commission of a
crime.
(3)
The following are possible outcomes of a final fitness determination:
(a) An authorized designee shall approve an
applicant if the authorized designee determines pursuant to sections (1) and
(2) of this rule that:
(A) No credible
evidence that the applicant has been convicted of, or found guilty except for
insanity (or comparable disposition) of a crime listed as a permanent review
crime in OAR 836-072-0020;
(B) No credible evidence that the applicant
had been convicted of, or found guilty except for insanity (or comparable
disposition) of a crime listed as a ten-year review crime in OAR
836-072-0020 within ten years of
the date that the applicant signed the DCBS Criminal Records Request
form;
(C) No credible evidence that
the applicant had been convicted of, or found guilty except for insanity (or
comparable disposition) of a crime listed as a five-year review crime in OAR
836-072-0020(3)
within five years of the date that the applicant signed the DCBS Criminal
Records Request form;
(D) No
credible evidence that the applicant has a pending indictment for a crime
listed in OAR 836-072-0020;
(E) No credible evidence of the applicant
having made a false statement; and
(F) No discrepancies exist between the
criminal offender information, other criminal records information and
information obtained from the applicant.
(b) An authorized designee shall deny
issuance or renewal of a license to an applicant:
(A) If a fitness determination under this
rule shows credible evidence of any of the factors identified in subsection (a)
of this section and, after evaluating the information described in sections (1)
and (2) of this rule, an authorized designee concludes that the applicant
acting in the scope of the license for which the fitness determination is being
conducted would pose a risk of harm to the insurance-buying public.
(B) If the applicant refuses to submit or
consent to a criminal records check including fingerprint
identification.
Stat. Auth.: ORS
181.534,
705.135,
731.244
Stats. Implemented: ORS
181.534,
705.141,
744.001,
744.059,
744.326
