OAR 167-050-0110: Definitions

As used in OAR chapter 167, division 050, unless the context of the rule requires otherwise, the following definitions apply: (1) "Approved" means that a criminal records check and any required fitness determination has been completed on a subject individual and the subject individual is eligible to be an employee or contractor in a position covered by OAR 167-050-0120(2)(a)–(e). (2) "Conviction" means that a court of law has entered a final judgment on a verdict or finding of guilt on a plea of guilty, or a plea of nolo contendere (no contest), or any determination of guilt, against a subject individual, unless that judgment has been reversed or dismissed by a subsequent court decision. (3) ”Criminal Offender Information” includes records and related data as to physical description and vital statistics, fingerprints received and compiled by the Oregon Department of State Police Bureau of Criminal Identification for purposes of identifying criminal offenders and alleged offenders, records of arrests and the nature and disposition of criminal charges, including sentencing, confinement, parole and release (4) "Criminal Records Check" or "CRC" means one of two processes undertaken to check the criminal history of a subject individual: (a) "Oregon Criminal Records Check" means obtaining and reviewing information from the Oregon State Police's Law Enforcement Data System (LEDS); or (b) "National Criminal Records Check" means a national check of criminal offender information conducted by the Oregon Department of State Police through the Federal Bureau of Investigation at the Secretary of State’s request. (5) "Denied" means that a criminal records check and subsequent fitness determination has been completed on a subject individual and the authorized designee has found the subject individual to be not eligible to be an employee or contractor in a position covered by OAR 167-050-0120(2)(a)–(e). (6) “False Statement” means that, in association with an activity governed by these rules, a subject individual either: (a) Provided the Secretary of State with materially false information about his or her criminal history, such as, but not limited to, materially false information about his or her identity or conviction record; or (b) Failed to provide to the Secretary of State information material to determining his or her criminal history. (7) “Fitness Determination” means a determination made by the Secretary of State pursuant to the process established in OAR 167-050-0150 (preliminary fitness determination) or 167-050-0170 (final fitness determination) that a subject individual is or is not fit to be a Secretary of State employee or contractor in a position covered by 167-050-0120(2)(a)–(e). (8) “Subject Individual” means an individual identified in OAR 167-050-0120.