OAR 170-002-0010: Criminal Records Check and Fitness Determination Rules

(1) Purpose. This rule controls the OST’s acquisition of information about a subject individual’s criminal history through criminal records checks or other means and its use of that information to determine whether the subject individual is fit to provide services to the OST as an employee, volunteer, board member, contractor or vendor. The fact that the OST approves a subject individual as fit does not guarantee the individual a position as an OST employee, volunteer, board member, contractor or vendor. Criminal Records checks are conducted in accordance with OAR 125-007-0200 through 125-007-0310. (2) Fees. (a) The OST may charge a fee for acquiring criminal offender information for use in making a fitness determination. In any particular instance, the fee shall not exceed the fee(s) charged to the Department by the Oregon Department of State Police, the Federal Bureau of Investigation, or a contractor conducting a criminal background check to obtain criminal offender information on the subject individual. (b) The OST may not charge the fee to the subject individual on whom criminal offender information is sought if the subject individual is being considered for employment with OST or providing volunteer services to OST. (c) The OST may charge a fee to the subject individual if he or she is a contractor or vendor and is undergoing a fitness determination in that capacity, or the OST may charge the fee to the subject individual’s employer. (d) The OST may charge a fee to a subject individual that has been appointed or is being considered for appointment to a board or commission by the State Treasurer.