Current through Register Vol. 63, No. 9, September 1, 2024
(1)
(a) A
subject individual shall complete an Agency criminal records request and a
fingerprint capture. The information may include, but is not limited to: legal
name and aliases, date of birth, address and recent residency information,
driver license or identification card information, type of work or service
being performed, disclosure of criminal history (all arrests, charges,
convictions, and offenses), social security number, and any other information
deemed necessary by the Agency.
(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.
(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 capture 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.
(2) When a Criminal Records Check is
Conducted. The Agency may conduct, or request the Oregon Department of State
Police 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, or
by contract or written agreement with the Agency.
(3) Which Criminal Record Check is Conducted.
When the Agency determines under section (2) of this rule that a criminal
record check is needed, the Agency may request or conduct a LEDS Computerized
Criminal Record Check, an Oregon State Criminal Record Check, a Nationwide
Criminal Record Check, or any combination thereof.
Statutory/Other Authority: ORS
696.385,
ORS
696.790 & ORS
181A.195
Statutes/Other Implemented: ORS
696.790 & ORS
181A.195
