Oregon Administrative Rules
Chapter 863 - REAL ESTATE AGENCY
Division 3 - EMPLOYEE CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION
Section 863-003-0005 - Definitions

(1) "Agency" means the State of Oregon Real Estate Agency.

(2) "Approved" means that, pursuant to a criminal background check, an authorized designee has determined that a subject individual is fit to be an employee, contractor, vendor, or volunteer through a criminal background fitness determination.

(3) "Authorized Designee" means a person authorized by the Real Estate Commissioner to obtain and review criminal offender information and other criminal records information about a subject individual through criminal records checks and other means, and to conduct a criminal background fitness determination in accordance with these rules.

(4) "Conviction" means that a court of law has entered a final judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere (no contest), or any determination of guilt entered by a court of law against a subject individual in a criminal case, unless that judgment has been reversed or set aside by a subsequent court decision.

(5) "Criminal Offender Information" means records, including fingerprints and photographs, received, compiled, and disseminated by the Oregon Department of State Police (OSP), or by other states, for purposes of identifying criminal offenders and alleged offenders, and maintained as part of an individual's records of arrests, the nature and disposition of criminal charges, sentencing, and confinement, but does not include records retained by OSP relating to either transfer of inmates (between penal institutions or other correction facilities), or inmate release. It also includes the OSP Computerized Criminal History System.

(6) "Crime Relevant to a Criminal Background Fitness Determination" means a crime listed or described in OAR 863-003-0060.

(7) "Criminal Background Fitness Determination" means a determination made by an authorized designee regarding whether a subject individual is fit to be an employee, contractor, vendor, or volunteer.

(8) "Criminal Records Check and Criminal Background Fitness Determination Rules" or "These Rules" means OAR chapter 863, division 3.

(9) "Criminal Records Check" means obtaining and reviewing criminal records as required or permitted by these rules and includes any or all of the following:

(10) "Denied" means that, pursuant to a preliminary fitness determination under OAR 863-003-0030, or a final fitness determination under OAR 863-003-0050, the Agency has determined that the subject individual is not fit to be an employee, contractor, vendor, or volunteer.

(11) "False Statement" means that, in association with an activity governed by these rules, a subject individual either:

(12) "Subject Individual", mean an individual identified in OAR 863-003-0010 who is required to complete a criminal history records check pursuant to these rules.