Current through Register Vol. 63, No. 9, September 1, 2024
(1) The purpose of
this rule is to provide for the reasonable screening of applicants and
licensees to determine if they have a history of criminal behavior such that
they are not fit to be granted or to hold a license that has been issued by the
Board.
(2) The Board may require
legible fingerprints for the purpose of a criminal records check and fitness
determination of all applicants and licensees including:
(a) Applicants for a license;
(b) Licensees applying to reactivate a
license;
(c) Licensees applying to
reinstate a license,
(d) Licenses
applying to renew a license
(e)
Licensees renewing a license; and
(f) Licensees under investigation.
(3) Criminal records checks and
fitness determinations are conducted according to ORS
181A.170 to
181A.215,
670.280 and OAR 125-007-0200 to
127-007-0310.
(a) The Board will request the
Oregon Department of State Police to conduct state and nationwide criminal
records checks. Any original fingerprint cards will subsequently be
destroyed.
(b) All background
checks must include available state and national data, unless obtaining one or
the other is an acceptable alternative to the Board.
(c) The applicant or licensee must disclose
all arrests, charges, and convictions regardless of the outcome or date of
occurrence. Disclosure includes any military or set aside criminal
records.
(d) The Board may require
additional information from the applicant or licensee, such as, but not limited
to, proof of identity, previous names, residential history or additional
criminal, judicial or other background information.
(4) If the applicant or licensee has
potentially disqualifying criminal offender information, the Board will
consider the following factors in making the fitness determination:
(a) The nature of the crime;
(b) The facts that support the conviction or
pending indictment or that indicate the making of the false
statement;
(c) The relevancy, if
any, of the crime or the false statement to the specific requirements of the
applicant's or licensee's present or proposed license;
(d) Intervening circumstances relevant to the
responsibilities and circumstances of the license. Intervening circumstances
include but are not limited to:
(A) The
passage of time since the commission of the crime;
(B) The age of the applicant or licensee at
the time of the crime;
(C) The
likelihood of a repetition of offenses or of the commission of another
crime;
(D) The subsequent
commission of another relevant crime; and
(E) Whether the conviction was set aside and
the legal effect of setting aside the conviction.
(F) Any recommendation of an
employer;
(e) Any false
statements or omissions made by the applicant or licensee; and
(f) Any other pertinent information obtained
as part of an investigation.
(5) The Board will make a fitness
determination consistent with the outcomes provided in OAR 125-007-0260.
(a) A fitness determination approval does not
guarantee the granting or renewal of a license.
(b) A restricted or conditional approval may
necessitate probation, conditions, limitation, or other restrictions on
licensure.
(c) A denial prohibits
the applicant from being granted a license or prohibits the licensee from
holding a license.
(d) An
incomplete fitness determination results if the applicant or licensee refuses
to consent to the criminal history check, refuses to be fingerprinted or
respond to written correspondence, or discontinues the criminal records process
for any reason. Incomplete fitness determinations may not be
appealed.
(6) Criminal
offender information is confidential. Dissemination of information received
under ORS 181.534 is only to people with a
demonstrated and legitimate need to know the information. The information is
part of the investigation of an applicant or licensee and as such is
confidential pursuant to 676.175(1).
(7) The Board will permit the individual for
whom a fingerprint-based criminal records check was conducted to inspect the
individual's own state and national criminal offender records and, if requested
by the subject individual, provide the individual with a copy of the
individual's own state and national criminal offender records.
(8) An applicant or licensee may appeal a
final fitness determination pursuant to OAR 125-007-0300. Challenges to the
accuracy or completeness of criminal history information must be made in
accordance with OAR 125-007-0300(7).
(9) The applicant or licensee must pay a
criminal records check fee for the cost of acquiring and furnishing the
criminal offender information per OAR 852-010-0080(5)(g).
Stat. Auth.: ORS 683, 182, 181, 676
Stat. Implemented: ORS
683.140,
683.270,
182.466,
181.534 & 676.303
