OAR 333-275-0035: Criminal Conviction Petition for Determination

(1) For the purposes of this rule, “petitioner” means an individual who has submitted a petition seeking a determination under this rule. (2) Prior to beginning an education, training or an apprentice program for a hemodialysis technician certification, a person convicted of a crime may petition the Oregon Health Authority (Authority) for a determination as to whether the criminal conviction will prevent the person from receiving a hemodialysis technician certification because it reasonably raises questions about the ability of the petitioner to perform the duties of a hemodialysis technician in accordance with the standards established by ORS chapter 688. (3) To request a determination, a person must submit a complete petition to the Authority. (4) To be complete, the petition must include the following: (a) A complete and signed determination request form in the form and manner prescribed by the Authority. (b) Records relating to the final judgment of any criminal conviction(s) against the petitioner including: (A) Certified copy of the judgment(s) of criminal conviction; (B) Charging document(s); (C) Arrest report(s), if they exist; (D) Parole records, if they exist; (E) Probation records, if they exist; and (F) Documents that verify completion of court-ordered terms and condition, if they exist. (c) A written statement from the petitioner regarding the facts underlying the criminal conviction(s), and any intervening circumstances. (d) Any other information or documentation requested by the Authority. (e) The fee specified under OAR 333-275-0180. (5) If any of the records required to be submitted with a petition as described under subsection (4)(b) of this rule no longer exist, never existed, have been sealed or are otherwise unavailable to the petitioner, petitioner must provide evidence from the agency that held the record that the record no longer exists, never existed, is sealed, or is otherwise unavailable to the petitioner. (6) If any of the records or information required under sections (4) or (5) of this rule are not provided, the petition will be deemed incomplete and will be closed without a determination. (7) The Authority’s determination under this rule: (a) Addresses whether the identified criminal conviction(s) reasonably raises questions about the ability of the petitioner to perform the duties of a hemodialysis technician in accordance with the standards established by ORS chapter 688. (b) Relies on the information provided by the petitioner. (c) Relies on the criteria established in ORS 181A.195(10)(c) and ORS 670.280. (8) The Authority will reconsider a determination that a criminal conviction prevents the person from obtaining a certificate when the person submits a completed application for a certificate. (9) A determination that a criminal conviction will not prevent the petitioner from obtaining a certificate may be rescinded by the Authority if at the time the petitioner submits a complete application for certification, the petitioner: (a) Has allegations or charges pending in criminal court; (b) Has failed to disclose any previous criminal convictions; (c) Has been convicted of another crime between the time that the determination was initially issued and the time the application for certification was submitted; or (d) Has been convicted of a crime that, during the time between the determination was initially issued and the time the application for certification was submitted, became subject to a change in state or federal law that prohibits certification because of a conviction of that crime. (10) Failure to disclose previous criminal conviction(s) includes any misrepresentation of a prior criminal conviction, any concealment or failure to disclose a material fact about a prior criminal conviction, or any other misinformation regarding a prior criminal conviction including anything submitted with the petition. (11) In accordance with ORS 670.280, nothing in this rule prohibits the Authority from denying a certificate for a reason other than conviction of a crime. (12) A determination under this rule is not considered a final determination of the Authority. (13) The petition, including documents submitted with the petition, and the Authority’s determination are subject to Oregon’s public records laws, and unless an exemption applies, the information and documents are subject to public disclosure.