Department of Administrative Services
Chapter 125
Division 7
CRIMINAL RECORDS CHECK AND FITNESS
DETERMINATION RULES
125-007-0210
Definitions
(1) “Authorized Agency” as defined in ORS 181A.215 or described in these rules.
(2) "Conviction" means that a court of law has entered a final judgment on a verdict or finding of guilty, a plea of guilty, a plea of nolo contendere (no contest) or any determination of guilt entered by a court of law against a subject individual (SI) in a criminal case, unless that judgment has been reversed or set aside by a subsequent court decision.
(3) “Credentials” means activities defined in ORS 181A.215(4)(f).
(4) "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, confinement, but does not include the retention by OSP or records of transfer of inmates between penal institutions or other correctional facilities, and release. It also includes the OSP Computerized Criminal History System (see OAR 257-010-0015).
(5) "Criminal Records Check" means obtaining and reviewing criminal records as required or permitted by these rules and includes any or all of the following;
(a) A check of criminal offender information and driving records conducted through use of the Law Enforcement Data System (LEDS) maintained by OSP, in accordance with the rules adopted and procedures established by OSP;
(b) A check of Oregon or other state criminal offender information, including through fingerprint identification or other means, conducted by OSP at the authorized agency or district’s request; or
(c) A nationwide check of federal criminal offender information, including through fingerprint identification, conducted by OSP through the Federal Bureau of Investigation (FBI).
(6) “Districts” as defined in ORS 267.237.
(7) "Final Fitness Determination" means a determination made by an authorized agency or district pursuant to the process established in OAR 125-007-0260, that the SI is or is not fit to hold a position, paid or not paid, obtain or retain credentials, have direct access, or otherwise provide services as defined in this rule.
(8) “Provides Services” means any provision of what is necessary for the health, welfare, maintenance or protection of an individual.
(9) “Qualified Entity” as defined in an authorized agency’s enabling statute.
(10) "Subject Individual" or “SI” means an individual from whom the authorized agency, districts and qualified entities may conduct a criminal records check pursuant to ORS 181A.190, 181A.195, 181A.200, 181A.215, 267.237 and any required enabling legislation or executive order. SI may include, but is not limited to the following;
(a) Any individual applying for credentials,
(b) Any individual with direct access to a vulnerable population,
(c) Any individual who provides services to a vulnerable population, and
(d) An individual subject under ORS 181A.190(1)(c), 181A.195(1)(b), 181A.200(2), 267.237(1)(c) and any required enabling legislation or executive order.
(11) “Vulnerable Population” means any of the following categories;
(a) A child, an unmarried person who is under eighteen (18) years of age.
(b) The elderly, a person sixty-five (65) years of age or older.
(c) Persons with disabilities, a person with a physical or mental impairment that substantially limited one or more major life activities,
(d) Persons with mental illness, a person with a condition that impacts their thinking, mood or behavior affecting his or her ability to relate to others and function on a daily basis.
Statutory/Other Authority: ORS 181A.170, 181A.195, 181A.215, 184.340 & 184.365
Statutes/Other Implemented: ORS 181A.170, 181A.195 & 181A.215
History:
DAS 5-2015, f. 12-29-15, cert. ef. 1-4-16
DAS 9-2006, f. & cert. ef. 12-28-06
DAS 6-2006(Temp), f. & cert. ef. 9-12-06 thru 2-11-07